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Supreme Court

Supreme Court Upholds Acquittal in TADA Case Due to Invalid Sanction — Prior Sanction Under Section 20A(2) TADA Must Show Application of Mind. The Designated Court's finding of non-application of mind in sanction order was upheld, and the prosecution could not proceed under TADA.

27 Feb 2019

The State of Gujarat appealed against the acquittal of three respondents by the Designated Judge, Jamnagar, in Special TADA Case Nos.3/1994, 3/1997, a...

Supreme Court

Supreme Court Allows Appeal in Telecom Dispute Over Quantum Meruit Claim Under Section 70 of Indian Contract Act, 1872 — Contractual Relationship Bars Quantum Meruit Recovery. The Court held that where parties are governed by an express contract, a claim under Section 70 of the Indian Contract Act, 1872 is not permissible, as the section applies only in the absence of a contractual relationship.

27 Feb 2019

The appeal arose from a dispute under the Telecom Regulatory Authority of India Act, 1997, between Mahanagar Telephone Nigam Ltd. (appellant) and Tata...

Supreme Court

Supreme Court Dismisses SLP of Landowner Seeking Enhanced Compensation Under Section 28A of Land Acquisition Act, 1894 — Collector's Order Not Vitiated as Petitioner Failed to Inform About Pending Appeals and Did Not Seek Reference Under Section 28A(3). The Court held that the principle in Babua Ram v. State of U.P. requiring the Collector to await final appellate decree applies only when the Collector is aware of pending appeals; here, the Collector acted in good faith.

26 Feb 2019

The case involves a challenge by M/s. Model Economic Township Ltd. (petitioner) against the dismissal of its writ petition by the Punjab and Haryana H...

Supreme Court

Supreme Court Upholds Conviction in Caste-Based Murder Case — Evidence of Eyewitnesses Found Credible Despite Minor Contradictions. The Court held that the testimony of a single reliable witness is sufficient for conviction, and delay in FIR receipt does not vitiate the case if explained.

21 Feb 2019

The Supreme Court dismissed appeals against the conviction of seven accused for the murder of Murugaiyan, a Scheduled Caste man, and for setting his h...

Supreme Court

Supreme Court Commutes Death Sentence to Life Imprisonment Due to Unexplained Delay in Mercy Petition. Unexplained delay of over 4 years by State in forwarding mercy petition violates Article 21 and warrants commutation.

21 Feb 2019

The petitioner, Jagdish, was convicted for the murder of his wife and five children and sentenced to death by the trial court on 24.04.2006. The High ...

Supreme Court

Supreme Court Dismisses Student's Claim for Compensation for Loss of Academic Year Due to College's Irregular Admissions. Petitioner accepted full and final settlement of Rs 20 lakhs, barring further claims under principles of accord and satisfaction.

21 Feb 2019

The petitioner, Riya George, a medical student, filed a writ petition under Article 32 of the Constitution seeking compensation from Kannur Medical Co...

Supreme Court

Supreme Court Dismisses Buyer's Refund Claim for Excise Duty Paid Under Protest by Manufacturer — Limitation Period Under Section 11B Applies Separately to Buyer. The right of the buyer to claim refund under Section 11B(2)(e) of the Central Excise Act, 1944 is distinct from that of the manufacturer, and the benefit of the second proviso (duty paid under protest) does not extend to the buyer.

20 Feb 2019

The case involves a batch of appeals by Western Coalfields Ltd. (the buyer) against the rejection of its refund claim for central excise duty paid by ...

Supreme Court

Supreme Court Dismisses Buyer's Refund Claim for Excise Duty Paid Under Protest by Manufacturer — Limitation Period Under Section 11B(1) Applies Separately to Buyer. The right of the buyer to claim refund under Section 11B(2)(e) is distinct from the manufacturer's right, and the benefit of the second proviso (waiver of limitation for duty paid under protest) does not extend to the buyer.

20 Feb 2019

The Supreme Court dismissed a batch of appeals filed by Western Coalfields Ltd. (the buyer) against the rejection of its refund claim for central exci...

Supreme Court

Supreme Court Dismisses Buyer's Refund Claim in Central Excise Duty Case — Limitation Period Applies Separately to Buyer. The Court held that the period of limitation of six months under Section 11B(1) of the Central Excise Act, 1944 applies to a buyer's refund claim even if the manufacturer paid duty under protest, as the rights of manufacturer and buyer are distinct.

20 Feb 2019

The case involves a batch of appeals by Western Coalfields Ltd. (the appellant/buyer) against the rejection of its refund claim for central excise dut...

Supreme Court

Supreme Court Dismisses Buyer's Refund Claim for Excise Duty Paid Under Protest by Manufacturer — Limitation Period Under Section 11B Applies Separately to Buyer. The Court held that the buyer's refund claim is time-barred as it was filed beyond six months from the date of purchase, and the manufacturer's protest does not extend the limitation for the buyer.

20 Feb 2019

The case involves a batch of appeals by Western Coalfields Ltd. (the buyer) against the rejection of its refund claim for central excise duty paid by ...

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