(1)
STATE OF BIHAR AND OTHERS … Vs.
ARBIND …RESPONDENT D.D
26/07/2013
Suspension and Subsistence Allowance – Employee suspended for alleged misappropriation of funds – Departmental proceedings initiated but subsistence allowance not paid – High Court set aside dismissal due to non-payment of subsistence allowance, directed fresh proceedings – Supreme Court upheld High Court’s decision, stressing payment of subsistence allowance during suspension as essenti...
(2)
BARKU BHAVRAO BHASKAR …APPELLANT Vs.
STATE OF MAHARASHTRA …RESPONDENT D.D
25/07/2013
Criminal Law – Circumstantial Evidence – Appellant convicted for kidnapping, murder, and concealment of a child’s body based on circumstantial evidence – Supreme Court upheld conviction finding chain of circumstances complete and consistent with guilt – No reasonable hypothesis of innocence [Paras 6-18].Homicidal Death – Medical Evidence – Postmortem report confirmed death due to hea...
(3)
STATE OF U.P. AND OTHERS …APPELLANT(S) Vs.
PANKAJ KUMAR VISHNOI …RESPONDENT D.D
25/07/2013
Compassionate Appointment – Eligibility Criteria – Respondent failed physical test for compassionate appointment as Sub-Inspector – High Court ordered fresh test – Supreme Court ruled second test not justified as compassionate appointments are to mitigate immediate hardship, not for securing specific posts – First physical test aligned with rules ensuring minimum standards of efficiency ...
(4)
UNION OF INDIA (UOI) AND OTHERS …APPELLANT(S) Vs.
RAJESH KUMAR GOND …RESPONDENT D.D
25/07/2013
Equal Pay for Equal Work – Junior Hindi Translators – Respondent sought parity with translators in the Central Secretariat Official Language Service (CSOLS) – Tribunal and High Court found no functional difference – Supreme Court upheld decision based on lack of evidence showing distinction in job functions – Cited principles from Randhir Singh case affirming equal pay for equal work as ...
(5)
KANTILAL MARTAJI PANDOR … Vs.
STATE OF GUJARAT AND ANOTHER …RESPONDENT(S) D.D
25/07/2013
Criminal Law – Conviction under Section 498A IPC – Appellant convicted based on the deceased's letter alleging harassment – High Court acquitted the appellant of abetment of suicide but maintained conviction under Section 498A IPC – Supreme Court found no independent evidence supporting the allegations of cruelty – Deceased’s letter not sufficient proof under Section 32(1) of the ...
(6)
ANUJ KUMAR GUPTA @ SETHI GUPTA …APPELLANT Vs.
STATE OF BIHAR …RESPONDENT D.D
24/07/2013
Confessional Statement – Admissibility – Appellant challenged conviction based on confessional statement to police – Supreme Court reiterated that only admissible portion relating to recovery of deceased’s body is valid – Confession leading to discovery of fact within special knowledge of accused is admissible under Section 8 and 27 of the Evidence Act [Paras 10-15].Circumstantial Eviden...
(7)
KAILASH … Vs.
STATE OF M.P. …RESPONDENT D.D
24/07/2013
Rape – Conviction – Appellant convicted under Section 376(1) IPC – Based on eyewitness testimony and medical evidence confirming sexual assault – Supreme Court upheld conviction finding no merit in the appeal – Delay in recording the witness statement justified due to rural and illiterate background of witnesses [Paras 8-9].Eyewitness Testimony – Credibility – PW-5, a cousin of the d...
(8)
COMMISSIONER OF CENTRAL EXCISE, MADURAI …APPELLANT Vs.
D.D
23/07/2013
Excise Duty – Assessment – Dispute on whether higher duty applies based on higher count of yarn produced – Tribunal dismissed appeal relying on earlier judgments – Supreme Court analyzed legal principles and factual findings, emphasizing the need for representative sampling to establish excise duty [Paras 3-15].Sampling and Evidence – Relevance of Test Reports – Department’s reliance...
(9)
C. KESHAVAMURTHY … Vs.
H.K. ABDUL ZABBAR …RESPONDENT D.D
23/07/2013
Negotiable Instruments – Cheque Bounce – Respondent issued four cheques to the appellant which were dishonored – Appellant filed a complaint under Section 138 of the NI Act – Magistrate convicted respondent, finding no merit in defense of prior stop-payment notice as cheques were issued after the notice [Paras 4-5].Presumption of Debt – Section 139 NI Act – High Court reversed lower co...