(1)
THANA SINGH .....Appellant Vs.
CENTRAL BUREAU OF NARCOTICS .....Respondent D.D
23/01/2013
Criminal Law – Right to Speedy Trial – Prolonged Detention – Appellant detained for over twelve years awaiting trial under NDPS Act – Supreme Court highlighted the need for expeditious trial and the fundamental right to speedy trial under Article 21 – Issued comprehensive directions to address delays in NDPS cases [Paras 1-4].Judicial Reforms – Procedural Efficiency – Directed immedi...
(2)
PRASHANT BHARTI .....Appellant Vs.
STATE OF NCT OF DELHI .....Respondent D.D
23/01/2013
Criminal Law – False Allegations – Complainant accused appellant of misbehaving and administering intoxicants – Subsequent charges of rape on false promise of marriage – Mobile phone records disproved complainant's presence at the alleged crime scene – No scientific evidence supporting poisoning claims – Charges found baseless [Paras 2-21].Evidentiary Standards – Mobile Phone Ca...
(3)
C.P. SUBHASH .....Appellant Vs.
INSPECTOR OF POLICE CHENNAI AND OTHERS .....Respondent D.D
23/01/2013
Criminal Law – Forgery and Fabrication – Complaint alleged forgery of sale deeds to claim ownership of land – High Court quashed FIR and investigation – Supreme Court held allegations sufficient to constitute offences – Emphasized need for thorough investigation to ascertain facts [Paras 3-10].Judicial Review – Section 195 CrPC – Applicability – High Court erred in applying Section...
(4)
MS. OSWAL AGRO MILLS LTD. .....Appellant Vs.
PUNJAB STATE ELECTRICITY BOARD AND OTHERS .....Respondent D.D
23/01/2013
Electricity Law – Load Surcharge – Appellant's installation of TG Sets – Permission granted by Chief Engineer Commercial of Respondent No. 1 – Demand notice issued by Respondent for unauthorized load – High Court upheld demand – Supreme Court quashes demand, holding that TG Sets were sanctioned and thus not unauthorized [Paras 1-15].Legal Compliance – Conditional Permission – ...
(5)
RAJESH GUPTA .....Appellant Vs.
STATE OF JAMMU & KASHMIR AND OTHERS .....Respondent D.D
23/01/2013
Service Law – Premature Retirement – Appellant prematurely retired based on recommendations of High Powered Review Committee – High Court upheld retirement – Supreme Court quashes retirement, finding lack of sufficient material to support allegations of misconduct and possession of disproportionate assets – Integrity and performance records of appellant found to be excellent [Paras 1-34]...
(6)
RAJIV THAPAR AND OTHERS .....Appellant Vs.
MADAN LAL KAPOOR .....Respondent D.D
23/01/2013
Criminal Law – Unnatural Death – Appellants accused of causing death of appellant's wife by poisoning – Post-mortem, forensic reports, and inquest found death due to natural causes (cardiac issues) – High Court reversed trial court's discharge of accused – Supreme Court quashes criminal proceedings, finding no prima facie case [Paras 1-34].Judicial Review – Quashing of Crimin...
(7)
SATYA NAND MUNJAL .....Appellant Vs.
COMMISSIONER OF GIFT TAX .....Respondent D.D
22/01/2013
Taxation – Gift Tax – Revocable Transfer – Appellant executed a revocable gift of 6000 equity shares – Bonus shares issued to transferee during gift period – Assessee revoked gift, retaining original shares but not bonus shares – Reassessment for 1989-90 treated bonus shares as a gift – High Court upheld reassessment – Supreme Court quashes reassessment, remands case for considerat...
(8)
UNIWORTH TEXTILES LTD. .....Appellant Vs.
COMMISSIONER OF CENTRAL EXCISE RAIPUR .....Respondent D.D
22/01/2013
Taxation – Customs Duty – Import of Furnace Oil – Appellant, an Export Oriented Unit (EOU), imported furnace oil for a captive power plant of a sister unit – Duty-free import under Notification No. 53/97-Cus – Show cause notice issued after six months, invoking extended period of limitation – Supreme Court quashes duty and penalty demands, finds no willful suppression or misstatement b...
(9)
UNION OF INDIA (UOI) AND OTHERS .....Appellant Vs.
DEBTS RECOVERY TRIBUNAL BAR ASSOCIATION AND ANOTHER .....Respondent D.D
22/01/2013
Judicial Administration – Infrastructure for DRTs – Appellants directed to provide adequate space and facilities for DRTs in Chandigarh – Existing authorization of space increased – Measures for addressing infrastructural constraints, including acquisition or construction of suitable buildings [Paras 1-11].Judicial Review – Superintendence of Tribunals – Role of High Courts under Artic...