Facts:

The appellant and a girl were in love, but her family opposed their relationship due to caste differences.

Both consumed copper sulphate; the girl hanged herself, while the appellant survived.

Items indicative of a marriage ceremony were found at the scene.

A suicide note purportedly written by the girl was discovered.

Issues:

Whether the prosecution established beyond reasonable doubt that the death was homicidal.

The plausibility of suicide versus murder in the circumstances presented.

The sufficiency and reliability of circumstantial evidence.

The flaws in the investigation and the appellant's conduct.

Held:

The Court observed that the prosecution failed to prove conclusively that the cause of death was homicidal. Medical evidence did not support this assertion. (Para 21)

The appellant's account of the girl's suicide due to familial opposition was deemed plausible, supported by items found at the scene indicating a marriage ceremony. (Para 22)

The Court emphasized the requirement for a complete chain of circumstances to establish guilt beyond reasonable doubt in cases relying on circumstantial evidence. (Para 24)

It was noted that suspicion, no matter how grave, cannot replace legal proof, and the prosecution must establish guilt to a moral certainty. (Para 24)

Flaws in the investigation, including the failure to authenticate the suicide note's handwriting, were highlighted. (Para 30)

The appellant's conduct, such as efforts to save the girl and subsequent hospitalization, was inconsistent with the prosecution's narrative of premeditated murder. (Para 32)

The Court reasoned that the circumstances did not support the prosecution's contention of murder, as the appellant made efforts to save the girl and sought help. (Para 35)

The Court criticized the High Court's reasoning for assuming the appellant's guilt without positive evidence. (Para 40)

Concluding that the prosecution failed to establish guilt beyond reasonable doubt, the Court acquitted the appellant. (Para 41)

This appeal is allowed. (Para 44)

Facts:

The case involves the import of Acrylonitrile Butadiene Rubber from abroad and the imposition of anti-dumping duty under Section 9A(5) of the Customs Tariff Act, 1975.

The government had initiated a sunset review investigation regarding the anti-dumping duty previously imposed.

Notifications extending the period of anti-dumping duty were issued, with one extending it for another five years effective till January 01, 2014, and another extending it by one year pending investigation, until January 01, 2015.

Issues:

Whether the continuation of anti-dumping duty beyond the original period requires a proper notification.

Whether the amendment of notifications extending anti-dumping duty can occur after their expiration.

Held:

The requirement under Section 9A(5) is that the sunset review must be initiated before the expiry of the original period for which the anti-dumping duty prevails.

There's no additional requirement of making the initiation public before the expiry date.

The extension of anti-dumping duty cannot be automatic and requires a proper notification.

The second proviso to Section 9A(5) provides enabling power to the Central Government to continue the duty for a further period not exceeding one year pending the outcome of a review.

The anti-dumping duty may continue, pending the review outcome, for a maximum period of one year, implying that the period can be shorter.

The High Court's interpretation that notifications for anti-dumping duty are temporary legislation and cannot be amended after expiration is upheld.

Notifications extending anti-dumping duty must be amended during their validity period (para 40).

Decision: The appeals are dismissed.

Facts:

The case involves challenges to certain directions issued by the High Court regarding postgraduate medical admissions in institutions like Aligarh Muslim University (AMU) and Banaras Hindu University (BHU), as well as the eligibility criteria for in-service doctors in the State of Uttar Pradesh (U.P.).

A writ petition was filed concerning the eligibility of in-service doctors from U.P. to benefit from Regulation 9(iv) of the Medical Council of India Post Graduate Medical Education Regulations, 2000.

The High Court, while addressing the above issue, raised additional queries regarding admissions to AMU and BHU, which were not part of the original petition.

Issues:

Whether the High Court overstepped its jurisdiction by issuing directions regarding admissions to central universities like AMU and BHU.

Whether the benefit of Regulation 9(iv) of the 2000 Regulations should be limited to in-service doctors who graduated from institutions within the State of U.P.

Held:

Highlights the Court's decision regarding the jurisdictional overreach of the High Court and the autonomy of central universities in conducting admissions.

Addresses the interpretation of Regulation 9(iv) and holds that the benefit of weightage should not be limited based on the location of the medical education institution.

The Court sets aside the High Court's order and allows admissions made prior to the judgment to stand. Additionally, the Court extends the deadline for filling vacant seats in certain institutions due to the confusion caused by the High Court's order.

Facts:

The State of Haryana issued a notification granting weightage in NEET marks for admission to postgraduate Medical/Dental courses based on identification of remote and/or difficult areas. This notification was challenged in court.

Issues:

The validity of the notification, the criteria used for identifying remote and/or difficult areas, and the legality of conducting counseling sessions contrary to court orders.

Held:

The Court found the notification to be flawed due to hasty issuance, arbitrary criteria, and implementation before publication in the Gazette.

The identification of remote and/or difficult areas was not based on relevant factors and was done solely for the purpose of postgraduate course admission.

The conduct of counseling sessions in violation of court orders was deprecated.

The Court directed the State of Haryana to issue a fresh notification within one week, identifying remote and/or difficult areas based on appropriate considerations.

The last date for admission was extended to facilitate this process.

The appeals were dismissed.

Facts:

The appellant challenged the order of preventive detention issued against her husband under the Telangana Prevention of Dangerous Activities Act, 1986, based on allegations related to the sale of spurious seeds.

Issues:

Whether the order of preventive detention was warranted under the provisions of the Act, considering the availability of remedies under ordinary laws, and whether the detention was justified in light of the alleged offences.

Held:

The court emphasized that an order of preventive detention, while based on subjective satisfaction, must be within the limitations of the statute and exercised for the purpose conferred by the law. Any misuse or abuse of this power, including reliance on extraneous or irrelevant materials, would render the detention order vitiated as a colorable exercise of power.

The court concluded that classifying the detenu as a "goonda" and invoking preventive detention based on inadequate yield from seeds sold by him constituted a gross abuse of statutory power. The grounds of detention were found to be extraneous to the Act.

Ultimately, the court allowed the appeal, holding the order of preventive detention unsustainable and setting it aside. The detenu was ordered to be released unless wanted in any other case, without prejudice to prosecution under ordinary laws.

FACTS:

The appellants and Jit Kakati were charged with various offences including gang rape, murder, and screening of evidence.

The deceased, Rekha Dutta, was last seen in the company of the accused on 27.12.1992 but her whereabouts thereafter were unknown until her body was discovered on a railway track.

Circumstances relied upon by the prosecution included the last seen theory, recovery of a weapon, and bloodstains found in the bathroom of a bungalow.

ISSUES:

Whether the circumstances established by the prosecution are sufficient to convict the accused.

Whether the absence of satisfactory explanation by the accused leads to a presumption of guilt.

HELD:

The High Court convicted the appellants based on the last seen theory and absence of satisfactory explanation, which the Supreme Court overturned. Analyze the importance of last seen theory and the absence of explanation. The Court emphasizes that the circumstance of last seen together, coupled with the absence of a satisfactory explanation, cannot be the sole basis for conviction. Referring to the case of Bharat v. State of M.P.,

The Court clarifies that the failure of the accused to offer an explanation alone is not sufficient to establish guilt. Furthermore, the Court examines the judgment in State of Goa v. Sanjay Thakran, stating that the circumstance of last seen together can be considered relevant only if the prosecution proves that there was no possibility of any other person meeting or approaching the deceased in the intervening period. Given the lack of a complete chain of circumstances leading to the hypothesis of guilt against the accused.

The Court sets aside the judgment of the High Court and acquits the appellants of the charges under Section 302, 201 read with 34 IPC. The appellants are directed to be set at liberty forthwith if not required in any other case.

REFERRED CASES:

Arjun Marik Vs. State of Bihar, (1994) Sup 2 SCC 372

arat Vs. State of M.P., (2003) 3 SCC 106

Brahm Swaroop Vs. State of U.P., (2011) 6 SCC 288

Jaharlal Das Vs. State of Orissa, (1991) 3 SCC 27

Kanhaiya Lal Vs. State of Rajasthan, (2014) 4 SCC 715

M.G. Agarwal Vs. State of Maharashtra AIR 1963 SC 200

Madho Singh Vs. State of Rajasthan, (2010) 15 SCC 588

Sharad Birdhichand Sarda Vs. State of Maharashtra 1984 4 SCC 116

State of Goa Vs. Sanjay Thakran, (2007) 3 SCC 755

Sujit Biswas Vs. State of Assam, (2013) 12 SCC 406

Facts: The appellants were convicted under Section 302 IPC for life imprisonment for brutally assaulting the deceased, resulting in his death. The assault involved the use of deadly weapons like a hammer, sickle, and iron rod. The prosecution relied on eyewitness testimonies, including that of an injured witness, PW-1 Lalbahadur Sastri, who was present during the assault. Motive for the assault was established through prior conflicts between the deceased and the appellants. Postmortem reports confirmed the severity of the injuries sustained by the deceased.

Issues:

The credibility of eyewitness testimonies, the presence of motive, and the severity of the assault. The defense challenged the credibility of witnesses and the sufficiency of evidence to prove guilt beyond reasonable doubt.

Held:

In evaluating the evidence, the court found the eyewitness testimonies to be credible and reliable, particularly emphasizing the reliability of PW-1 Lalbahadur Sastri as an injured witness.

The court dismissed challenges to the credibility of witnesses and confirmed the presence of motive for the assault. Based on the clear ocular evidence presented, the court upheld the convictions of the appellants under Section 302 IPC. There was no need to consider issues of common intention, as the individual actions of each appellant demonstrated an intent to cause death.

Therefore, the appeals were dismissed, and the appellants were ordered to surrender and serve out their remaining sentences.

Facts:

The respondent company invited tenders/bids for a project, with eligibility and qualification criteria outlined in the tender documents. The bid of the appellant-Corporation was rejected due to a perceived deficiency in experience, as per the requirements specified in the tender documents.

Issues:

Whether the appellant-Corporation could utilize the experience of its subsidiary companies to meet the eligibility criteria outlined in the tender documents.

Held:

The court interpreted clause 4.1 of Section I of the Instructions to Bidders, which allowed for bids from single entities or combinations of entities in the form of Joint Ventures or Consortia. The interpretation established that a single entity could include government-owned entities along with their wholly owned subsidiaries (Para 34).

The court affirmed that the inclusion of government-owned entities and their wholly owned subsidiaries was imperative for broad-based participation, essential for the quality execution of public projects (Para 35).

Referring to a previous case, Consortium of Titagarh Firema Adler SPA, the court reiterated that the appellant-Corporation should be considered a single entity bidder, despite the absence of the term "government-owned entity" in the current clause (Para 37).

The court scrutinized the clarifications provided regarding the experience requirement and concluded that the decision to disqualify the appellant's bid was arbitrary, discriminatory, and unreasonable (Para 38).

Rejecting the respondent's apprehension regarding the availability of the appellant's subsidiary companies for project execution, the court affirmed the structural integrity and functional unity of the appellant-Corporation and its subsidiaries (Para 39).

Ultimately, the court held that the disqualification of the appellant-Corporation based on experience deficiency was unsustainable in law and fact, being grossly illegal, arbitrary, and perverse (Para 40).

Decision: The court allowed the appeal, reinstating the eligibility of the appellant-Corporation to participate in the bidding process.

Facts:

Land was acquired under the Land Acquisition Act, 1894, through notifications issued in 1959 and 1965.

Possession of the land was taken in 1975.

Resolutions were passed by the City Improvement Trust Board (CITB) regarding the reconveyance of portions of the acquired land to R. Hanumaiah.

Legal proceedings ensued, including petitions filed by R. Hanumaiah seeking reconveyance of the land and appeals by the Bangalore Development Authority (BDA) challenging such requests.

Despite previous Supreme Court rulings, attempts were made to de-acquire the land, leading to further legal challenges.

Issues:

Whether reconveyance of land acquired under the Land Acquisition Act can be exercised after the land has vested with the State Government.

Whether the actions of the State Government and the High Court of Karnataka in issuing notifications for de-acquisition were legal.

Held:

The Supreme Court held that the reconveyance of land cannot be exercised after the land has vested with the State Government, as per Section 48 of the Land Acquisition Act. It deemed the notifications issued for de-acquisition by the State Government as void and illegal.

The High Court's decision to set aside previous rulings and direct the State of Karnataka to reconsider the matter was criticized for not adhering to the binding precedent set by the Supreme Court. Consequently, the Supreme Court ruled in favor of the appellants and penalized the legal representatives of R. Hanumaiah for their continued legal pursuit in defiance of the court's orders.

The judgment also clarified the cessation of the liability of the BDA for interest on compensation after the deposit of compensation in court.