- CENVAT Rules – Rule 2(k) – The mobile tower and pre-fabricated buildings (PFBs) are “goods” and not immovable property – As these goods are used for providing mobile telecommunication services, they would also qualify as “inputs” under Rule 2(k) for the purpose of credit
- Indian Penal Code 1860 – Section 376 – A mere breakup of a relationship between a consenting couple cannot result in initiation of criminal proceedings- What was a consensual relationship between the parties at the initial stages cannot be given a colour of criminality when the said relationship does not
- Code Of Criminal Procedure 1973 – Section 195 – The protection intended by the section against a private person filing a frivolous complaint is taken care of when the High Court finds that the matter was required to be gone into in public interest. Such direction cannot be rendered futile
- Constitution of India – Article 142 – The prolonged separation and the severity of the allegations are evidence of the fact that the marriage between the parties has completely broken down- Supreme Court has the discretionary power under Article 142(1) of the Constitution of India to dissolve a marriage
- Indian Penal Code 1860 – Section 302 -304 – Partly allowing appeal filed by accused, SC observed: Medical evidence would show that the injuries caused are with the bamboo stick, which is commonly available in a village. The possibility of the deceased following the appellant and an altercation taking place
- Code of Criminal Procedure 1973 – Section 438 – Anticipatory Bail Granted – Allowing appeal, SC observed: Considering the fact that the complainant had lodged the complaint almost eight years after the alleged incident, which had taken place in 2016 and the fact that she had also posted the post
- Adverse Possession – State cannot claim adverse possession over the property of its own citizens – Allowing the State to appropriate private property through adverse possession would undermine the constitutional rights of citizens and erode public trust in the government. (Para 10-11) – Adverse possession requirespossession that is continuous,
- Indian Divorce Act, 1869- High Court reduced maintenance to Rs.80,000 – Allowing appeal filed by wife, SC observed: During the pendency of the divorce petition, the wife is also entitled to enjoy the same amenities of life as she would have been entitled to in her matrimonial home-
- Code Of Civil Procedure 1908 – Order XL – The court would not appoint a receiver until and unless there are certain compelling reasons – Mere recording of the expressions ‘prima facia case’ and ‘conduct’ by themselves are not sufficient- It should indicate how the property
- Disciplinary Proceedings – A departmental proceeding is not initiated merely on issuance of a show cause notice. It is initiated only when a chargesheet is issued because that is the date of application of mind on the allegations levelled against an employee by the competent authority- A subsisting disciplinary proceeding
- Environmental Law – The constitutional obligation of the Central Government and the State Governments is to ensure that the citizens live in a pollution-free atmosphere. Therefore, in addition to the actions proposed under Stages III and IV of the GRAP, all possible actions shall be taken at the level of
- Service Law – High Court dismissed writ petitions preferred by the appellants for grant of benefits under the Proficiency Step-up Scheme, 1988 and Assured Career Progression Scheme, 1998, by accounting for their entire serviceperiod including that in the work charged establishment – Allowing appeal, SC observed: The fundamental distinction
- Disciplinary Proceedings – Recording of evidence in a disciplinary proceeding proposing charges of a major punishment is mandatory- Even in an ex-parte inquiry, it is sine qua non to record the evidence of the witnesses for proving the charges- mere production of documents is not enough, contents of documentary evidence
- Constitution of India – Article 226 – Labour Court – When Labour Court reached the factual conclusion, after due consideration of the material evidence, such factual finding should not normally be disturbed by a Writ Court without compelling reason. (Para 12)Summary: The appellant, as a family member of a
- Indian Penal Code 1860 – Section 302,304 – Trial Court framed charge in the first instance for the offence of culpable homicide not amounting to murder even when charge sheet is filed for the offence of murder – While dismissing SLP, SC observed: how can the Trial Court frame