(1) SHREE RAM URBAN INFRASTRUCTURE LTD. (Formerly known as Shree Ram Mills Ltd.) …APPELLANT(S) Vs. THE COURT RECEIVER, HIGH COURT OF BOMBAY …RESPONDENT(S) D.D 09/05/2014

Civil Procedure - Receiver's Authority to File Suit - Interpretation of Order 40 Rule 1 CPC - Section 503 CPC - Appeal challenging Receiver's eviction suit without prior court leave - Held, Receiver acting under Order 40 Rule 1(d) CPC can institute suit for recovery of possession for preservation of estate - Court's permission, though preferable, not mandatory if suit is pending - A...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5528 OF 2014 (ARISING OUT OF SLP (C) NO. 30298 OF 2010) Docid 2014 LEJ Civil SC 911535

(2) UNION OF INDIA (UOI) AND OTHERS …APPELLANT(S) Vs. MAHINDRA AND MAHINDRA LTD. …RESPONDENT(S) D.D 09/05/2014

Central Excise - Valuation of Goods - Assessment of Excise Duty – Appeal against the High Court order which set aside show-cause notices for short payment of excise duty – The show-cause notices were issued for the period 1982 to 1985 alleging under-assessment due to non-inclusion of freight, dealer's margin, and other expenses in the assessable value – The High Court held that the depa...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6620 OF 2003 Docid 2014 LEJ Civil SC 766301

(3) ARCHAEOLOGICAL SURVEY OF INDIA …APPELLANT(S) Vs. STATE OF M.P. AND OTHERS …RESPONDENT(S) D.D 09/05/2014

Constitutional Law – Legislative Competence – Jurisdictional Conflict between Central and State Acts:Held – The 1951 and 1958 Acts govern ancient monuments of national importance declared by the Central Government. However, the Kundalpur Jain Temples, including the Bade Baba Temple, were never declared as monuments of national importance under these Acts. Instead, the Madhya Pradesh Ancient ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5529 OF 2014 (ARISING OUT OF SLP (CIVIL) NO. 9923 OF 2013) WITH CIVIL APPEAL NO. 5530 OF 2014 (ARISING OUT OF SLP (CIVIL) NO. 12537/2013) Docid 2014 LEJ Crim SC 931956

(4) SUBRATA CHATTORAJ …APPELLANT(S) Vs. UNION OF INDIA (UOI) AND OTHERS …RESPONDENT(S) D.D 09/05/2014

Constitutional Law - Power of Judicial Review - Article 32 and 226 of the Constitution - Held that judicial review is a basic feature of the Constitution, and the superior courts have the power to direct the transfer of investigation from State Police to CBI to protect fundamental rights. The Court emphasized that this power should be exercised sparingly and in exceptional situations where it is n...

REPORTABLE # WRIT PETITION (CIVIL) NOS. 401 AND 402 OF 2013 AND T.P. (C) NO. 445 OF 2014 (UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA) Docid 2014 LEJ Crim SC 557727

(5) COFFEE BOARD …APPELLANT Vs. RAMESH EXPORTS PVT. LTD. …RESPONDENT D.D 09/05/2014

Civil Procedure - Order 2 Rule 2 - Bar on subsequent suit - Appeal against High Court judgment partly decreeing original suit - Respondent (plaintiff) filed two suits for damages against appellant (Coffee Board) based on failure to provide ICO stamps for coffee export - First suit (O.S. No. 3150 of 1985) sought losses for delayed shipment; second suit (O.S. No. 4763 of 1986) sought costs for re-im...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5527 OF 2014 (ARISING OUT OF SLP (C) NO. 26157 OF 2012) Docid 2014 LEJ Civil SC 538594

(6) DHAN RAJ @ DHAND …APPELLANT Vs. STATE OF HARYANA …RESPONDENT D.D 09/05/2014

Criminal Law – Conviction based on circumstantial evidence – Criminal Appeal against the High Court order convicting the appellant – Evaluation of circumstantial evidence required to establish guilt beyond reasonable doubt – Supreme Court finds material discrepancies and lack of independent corroboration in the evidence presented – Held that the circumstantial evidence does not conclusiv...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1410 OF 2010 Docid 2014 LEJ Crim SC 746470

(7) KISAN SHANKAR KATHORE …APPELLANT(S) Vs. ARUN DATTATRAY SAWANT AND OTHERS …RESPONDENT(S) D.D 09/05/2014

Election Law - Non-disclosure of Material Information - Election Petition - Successful candidate's election was set aside by High Court for non-disclosure of material information in nomination form - Issues of non-disclosure included government dues, assets of spouse, and partnership interests - Supreme Court examined whether non-disclosure amounted to substantial non-compliance affecting ele...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4261 OF 2007 Docid 2014 LEJ Crim SC 849535

(8) SWAPNIL AND OTHERS …APPELLANT(S) Vs. STATE OF MADHYA PRADESH …RESPONDENT(S) D.D 09/05/2014

Criminal Law – Quashing of Prosecution – Criminal Appeal against High Court order declining to quash proceedings – Appeal seeking quashing of criminal proceedings and charges under Sections 498A, 506 IPC, and Section 4 of the Dowry Prohibition Act – Allegations of dowry harassment and intimidation found to be vague and lacking detailed evidence – Appellant's wife had been living sep...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1144 OF 2014 (ARISING OUT OF S.L.P. (CRIMINAL) NO. 8965/2013) Docid 2014 LEJ Civil SC 391748

(9) CHANDRA PRAKASH …APPELLANT(S) Vs. STATE OF RAJASTHAN …RESPONDENT(S) D.D 09/05/2014

Criminal Law - Validity of Sanction for Prosecution – Sanction for prosecution under Section 7 of the Explosive Substances Act, 1908 – Challenge to validity on grounds of non-examination of District Magistrate as a witness and alleged non-application of mind – Court holds that District Magistrate’s consent, based on detailed sanction order and police diary, is valid – Sanction upheld as ...

REPORTABLE # CRIMINAL APPEAL NO. 1155 OF 2014 (ARISING OUT OF S.L.P. (CRL.) 4419 OF 2009) Docid 2014 LEJ Crim SC 925646