I (2012) SLT 293

Central Excise Act, 1944 — Section 2(f) — “Manufacture” — Takes place only when there is transformation of raw materials into new and different article having different identity, characteristic and use — Mere improvement in quality does not amount to manufacture.

I (2012) SLT 283

Education — Increase in seats for MBBS course from 150 to 200 by interim order passed by High Court — Erroneous.

I (2012) SLT 283

Final Relief/Interim Relief — Power to grant final relief implies within itself power to grant interim relief unless it is specifically prohibited by law.

I (2012) SLT 281

Preventive Detention — Illicit distillation of liquor — Offences complained of against appellant can be dealt with under ordinary law of land — Taking recourse to provisions of preventive detention is contrary to constitutional guarantees enshrined in Articles 19 and 21 of Constitution.

I (2012) SLT 281

Preventive Detention — Involves detaining of a person without trial in order to prevent him/her from committing certain types of offences — But such a detention cannot be made substitute for ordinary law and absolve investigating authorities of their normal functions of investigating crimes which detenu may have committed — Preventive detention in most cases is for a year only and cannot be used as an instrument to keep a person in perpetual custody without trial.

I (2012) SLT 232

Public Interest Litigation — Guiding principles for entertaining petitions filed in public interest — Before entertaining such petitions, Court must feel satisfied that petitioner has genuinely come forward to espouse public cause and his litigious venture is not guided by any ulterior motive or is not publicity gimmick.

I (2012) SLT 214

Constitution of India, 1950 — Articles 142, 136 — Special Leave to Appeal — It is open to this Court to extend benefit of acquittal, determined in case of accused to co-accused.

I (2012) SLT 193

Death Caused by Rash and Negligent Act — Offences caused under Sections 304A, 336, 337, 279, IPC are punished because of inherent danger of acts specified therein irrespective of knowledge or intention to produce result and irrespective of result — These sections make punishable acts themselves which are likely to cause death or injury to human life.

I (2012) SLT 193

Evidence Act, 1872 — Sections 25, 26, 27 — Confessional Statements — Admissibility — Rationale of Sections 25 and 26 of Evidence Act is that police may procure a confession by coercion or threat — Exception postulated under Section 27 of Evidence Act is applicable only if confessional statement leads to discovery of some new fact — Discovery of facts itself substantiates truth of confessional statement.

I (2012) SLT 193

Examination of Accused — Accused must be apprised of incriminating evidence and materials brought in by prosecution against him to enable him to explain and respond to such evidence and material.

I (2012) SLT 193

Examination of Accused — Burden is on the accused to establish that by not apprising him of incriminating evidence and inculpatory materials that had come in prosecution evidence against him, prejudice has been caused resulting in miscarriage of justice.

I (2012) SLT 193

Knowledge to cause death — Cases of negligence or rashness or dangerous driving do not eliminate act being voluntary.

I (2012) SLT 193

Knowledge to cause death — Causing grievous hurt by act endangering life or personal safety of others — Two charges are not mutually destructive — Indictment of an accused under Sections 304 Part II and 338, IPC can co-exist in a case of single rash or negligent act — It is not legally impermissible.

I (2012) SLT 193

Knowledge to cause death — Effect of omission to frame, or absence of, or error in charge — Omission of words ‘in drunken condition’ in charge framed under Section 304 Part II, IPC is not very material — It has not resulted in prejudice to appellant as he was fully aware of prosecution evidence which consisted of drunken condition of appellant at the time of accident.

I (2012) SLT 193

Knowledge to cause death — Sentence — Seven precious human lives were lost by act of accused driving in rash and negligent manner in drunken condition — Facts and circumstances of case do not justify benefit of probation to appellant for good conduct or for any reduction of sentence.

I (2012) SLT 193

Sentence — Imposition — No strait-jacket formula for sentencing an accused on proof of crime — Principle of proportionality in sentencing a crime-doer is well entrenched in criminal jurisprudence — Court has to take into consideration all aspects including social interest and consciousness of the society for award of appropriate sentence.

I (2012) SLT 193

Words and Phrases — “Knowledge” — Awareness on the part of person concerned of consequences of his act of omission or commission indicating his state of mind.

I (2012) SLT 176

Cognizance of Offence — Magistrate is not bound by opinion of Investigating Officer — Court has to only see whether prima facie reasons for issuing the process are there and whether ingredients of offence are there on record.

I (2012) SLT 166

Sentence — Must have a policy of correction — If anyone has to become a good driver, must have a better training in traffic laws and moral responsibility with special reference to potential injury to human life and limb.

I (2012) SLT 151

Appeal — Dismissal — “Summary dismissal” or “dismissal in limine” does not refer to dismissal without assigning reasons.

I (2012) SLT 151

Appeal — Is a proceeding from where higher Forum reconsiders decision of lower Forum, on questions of fact and/or law, with power to confirm, reverse, modify decision or remands matter to lower Forum for fresh decision.

I (2012) SLT 134

Evidence — Interested witness — Evidence to be equated with that of tainted witness or that of an approver so as to require corroboration as a matter of necessity.

Jaisy @ Jayaseelan v. State Rep. by Inspector of Police — I (2012) SLT 134

I (2012) SLT 129

Constitutional Law — Personal liberty of an individual is the most precious and prized right guaranteed under Constitution.

I (2012) SLT 109

“ Audi Alteram Partem” — Scope of rule of hearing — This unwritten right of hearing is fundamental to just decision by any authority which decides controversial issue affecting rights of rival contestants.

I (2012) SLT 109

Constitutional Law — Power of Eminent Domain — This power can be exercised by State to acquire private property for public purpose — But it is serious matter and has grave repercussions on private individual’s constitutional right of not being deprived of his property without sanction of law.

I (2012) SLT 67

Guardianship — Paramount consideration is welfare and interest of child and not rights of parents under Statute.

I (2012) SLT 66

Abetment of Suicide — Every quarrel between husband and wife which results in suicide cannot be taken as an abetment by husband.

I (2012) SLT 42

Administration of Justice — Anxiety to render speedy justice should not result in sacrifice of public interest.

I (2012) SLT 42

Forest Conservation — Courts should share legislative concern to conserve forests and mineral wealth of country — A wrong decision in such matters may lead to disastrous results, in regard to public interest, financially and ecologically.

I (2012) SLT 15

Judicial Review — Writ Court is entitled to judicially review action and determine whether there was any illegality, perversity, unreasonableness, unfairness or irrationality that would vitiate the action, no matter action is in the realm of contract.

I (2012) SLT 1

Criminal Trial — Accused is presumed to be innocent till he is proved to be guilty — Presumption of innocence has been recognised as a human right which cannot be wished away.

I (2012) SLT 1

Criminal Trial — Prosecution it is axiomatic, must establish its case against accused by leading evidence that is accepted by standards that are known to criminal jurisprudence regardless whether crime is committed in the course of communal disturbances or otherwise.

IX (2011) SLT 600

Evidence — Witnesses — Minor Contradictions — Merely because there have been discrepancies and contradictions in the evidence of same or all of the witnesses does not mean that entire evidence of prosecution has to be discarded.

IX (2011) SLT 594

Interpretation of Statutes — It is quite necessary to give full and complete effect to provision in a purposive manner so as to advance objective of provision.

IX (2011) SLT 582

Foreign Exchange Managment Act, 1999 — Sections 19(2) Proviso, 49, 49(5)(b) — Foreign Exchange Regulation Act, 1973 — Sections 52(2) 1st Proviso — General Clauses Act, 1897 — Section 6 — Appeal — Limitation — Appellate Tribunal constituted under FEMA was not right in rejecting belated appeal filed under Section 19 of FEMA, applying Section 52(2) 1st Proviso of FERA, instead of following proviso to Section 19(2), FEMA — On a combined reading of Section 49 of FEMA and Section 6, General Clauses Act, it is clear that procedure prescribed by FEMA only would be applicable in respect of appeal filed under FEMA though cause of action arose under FERA.

IX (2011) SLT 582

Prospective and Retrospective Statutes — A statute merely procedural is to be construed as retrospective and statute which while procedural in its character, affects vested rights adversely is to be construed as prospective.

IX (2011) SLT 582

Substantive and Procedural Law — Substantive law refers to rules that creates, defines and regulates rights and liabilities — Procedural law establishes a mechanism for determining those rights and liabilities and machinery for enforcing them.

IX (2011) SLT 582

Limitation — Law of limitation is generally regarded as procedural and its object is not to create any right but to prescribe periods within which legal proceedings be instituted for enforcement of rights which exist under substantive law.

IX (2011) SLT 568

Delhi Municipal Corporation Act, 1957 — Sections 20(2), 119, 120(2), 123, 116(3), 2(3), 2(24) — ‘Lease’ or ‘Licence’ — Property Tax/Composite Assessment sought to be made on installations/storage depots constructed by appellant-grantee, by virtue of Section 120(2) of Delhi Municipal Corporation Act — Document in question constitutes lease in favour of appellant-grantee and liable to pay tax.

IX (2011) SLT 568

Delhi Municipal Corporation Act, 1957 — Sections 20(2), 119, 120(2), 123, 116(3), 2(3), 2(24) — ‘Lease’ or ‘Licence’ — Property Tax/Composite Assessment sought to be made on installations/storage depots constructed by appellant-grantee, by virtue of Section 120(2) of Delhi Municipal Corporation Act — Document in question constitutes lease in favour of appellant-grantee and liable to pay tax.

IX (2011) SLT 568

Transfer of Prope rty Act, 1882 — Section 105 — ‘Lease’ and ‘Licence’ — Lease would amount to transfer of property — Licence may be created on deal or parole and it would be revocable.

IX (2011) SLT 568

Interpretation of Deed — Deed must be read in its entirety and reasonably — Intention of parties must also be gathered from expression used in documents itself, as far as possible.

IX (2011) SLT 528

Public Interest Litigation — Child Trafficking into Performing in Circuses — Central Government must issue suitable notifications prohibiting employment of children in circuses.

IX (2011) SLT 489

Deeming Provision — Is a legal fiction and admission of non-existence of fact deemed.

IX (2011) SLT 489

Pardon — Power to grant pardon is contemplated in situations where serious offence is alleged to have been committed by several persons and with the aid of evidence of person, who had been granted pardon, offence committed may be proved.

IX (2011) SLT 483

Election Law — Right to choose one’s representative through election is virtually an extension of one’s fundamental right to freedom of expression.

IX (2011) SLT 475

Professional Obligation — Any compromise with law’s nobility as a profession is bound to affect faith of people in rule of law — Unprofessional conduct by an advocate has to be viewed seriously — Person practising law has an obligation to maintain probity and high standard of professional ethics and morality.

IX (2011) SLT 412

Doctrine of Stare Decisis — It is a very valuable principle of precedent which cannot be departed from unless there are extraordinary or special reasons to do so — Finality of order of Apex Court of country should not lightly be unsettled.

IX (2011) SLT 412

Interest on Interest — Interest is not a penalty or punishment at all, but it is the normal accretion on capital.

IX (2011) SLT 412

Writ Petition — Reconsideration of final decision of Supreme Court after review petition is dismissed by way of writ petition under Art. 32 of Constitution cannot be sustained.

IX (2011) SLT 406

Land Acquisition — Proceedings under Land Acquisition Act are based on principle of eminent domain and Section 5A is the only protection available to person whose lands are sought to be acquired — Land Acquisition Act being an ex-proprietary legislation, its provisions will have to be strictly construed.

IX (2011) SLT 321

Constitution of India , 1950 — Art. 243W — Role of Municipalities — Statutory powers given to Municipalities and cannot be bypassed.

IX (2011) SLT 321

Maharashtra Regional and Town Planning Act, 1966 — Section 29 — MRTP Act gives place of prominence to spaces meant for public amenities — When land is reserved for public purpose after following due process of law, interest of individual must yield to public interest.

IX (2011) SLT 321

Public Interest Litigation — Is not in the nature of adversarial litigation, but it is a challenge and an opportunity to Government and its officers to make basic human rights meaningful.

IX (2011) SLT 289

Constitution of India, 1950 — Article 226 — Writ Jurisdiction — Availability of alternative remedy or other remedy by itself may not operate as an absolute bar for exercise of jurisdiction by Constitution.

IX (2011) SLT 289

Interpretation of Statutes — Enactment of Act — Relevancy of objects and reasons for enacting an Act is relevant consideration Court while applying various principles of interpretation of statutes.

IX (2011) SLT 289

Interpretation of Statutes —‘Purposive construction’ is certainly a cardinal principle of interpretation — No rule of interpretation should either be over-stated or over-extended.

IX (2011) SLT 289

Legal Maxim — “Lexnil frustra facit” — Law will not itself attempt to do an act which would be vain — “Lex neminem cogit ad vana seu inutilia” — Law will not force any one to do a thing vain and fruitless.

IX (2011) SLT 289

“Means” — Expression would not always be open to such a strict construction that terms mentioned in definition clause under such expression would have to be inevitably treated as being exhaustive.

IX (2011) SLT 289

Words and Phrases — “Unauthorised ” — Meaning — Done without authority, made without actual, implied or apparent authority.

IX (2011) SLT 232

Administrative Law — No authority can exercise power vested in it contrary to law.

IX (2011) SLT 232

Master Plan and Zonal Plan specify user as resi dent ial — These plots cannot be used for any other purpose — Plans have a binding effect in law.

IX (2011) SLT 209

Service Law — Promotion — It is always open to employer to change its policy in relation to giving promotion to employees — This Court would not normally interfere in such policy decisions.

IX (2011) SLT 209

Service Law — Promotion — When an officer has to get his promotion strictly on merits, his performance should be commendable throughout and especially during last few years.

IX (2011) SLT 202

Caste and Community — Caste may fall under category of OBCs in one State, but said caste may not be classified as OBC in other State.

IX (2011) SLT 169

Constitutional Law — Legislature enjoys very wide latitude in matter of classification of objects, persons and things for purpose of taxation in view of inherent complexity of fiscal adjustment of diverse elements.

IX (2011) SLT 169

Constitutional Law — Right to Equality — Art. 14 does not prohibit reasonable classification of persons, objects and transactions by Legislature for purpose of attaining specific ends — Taxation laws are no exception to application of this principle of equality enshrined in Art. 14 of Constitution.

IX (2011) SLT 169

Expression — “Direct Taxes” — Meaning of.

IX (2011) SLT 169

Expression — Kar Vivad Samadhan Scheme — “Tax Arrears” — Meaning of.

IX (2011) SLT 169

Kar Vivad Samadhana Scheme — Step towards settlement of outstanding disputed tax liability — Scheme is complete Code in itself and exhaustive of matter dealt with therein — Object of scheme with reference to indirect tax arrears is to bring down litigation and realize arrears due and locked up in various disputes.

IX (2011) SLT 169

Taxation — Mode of raising revenue for public purposes — In exercise of power of tax, purpose always is that common burden shall be sustained by common contributions, regulated by some fixed general rules and apportioned by law according to some uniform ratio of equality.

IX (2011) SLT 169

Words and Phrases — “Duty” and “Customs” — Meaning.

IX (2011) SLT 148

Constitution of India, 1950 — Article 21 — Right to Speedy Trial — Delay in conclusion of criminal case — Harm to dignity and reputation — Compensation of Rs. 70,000/- as awarded was too small and did not do justice to sufferings and humiliation undergone by appellant — Rs. 2,00,000/- would be adequate compensation and would meet ends of justice — Direction issued.

IX (2011) SLT 146

Murder — Common Intention — Last seen theory — Circumstantial evidence — Merely because accused had been seen coming from field in which murder had apparently been committed could not be taken as evidence of last seen.

IX (2011) SLT 127

Arbitration Law — Appointment of Arbitrator — It is for the Chief Justice of India/his designate to decide about existence of valid arbitration agreement.

IX (2011) SLT 127

Arbitration Law — Appointment of Arbitrator — Termination of agreement/contract — Arbitration agreement would still survive — In view of provisions contained in Section 16(1) of Act, it would not be possible to accept submission that with termination of memorandum of understanding, arbitration clause would also cease to exist.

IX (2011) SLT 81

Appeal — Right of appeal is always a creature of statute — A right of appeal is a right of entering superior Forum for invoking its aid and interposition to correct errors of inferior forum — It is a very valuable right.

IX (2011) SLT 81

Interpretation of Statutes — A construction which leads to redundancy of portion of statute cannot be accepted in absence of compelling reasons.

IX (2011) SLT 81

Interpretation of Statutes — Sometime in statute words are used by way of abundant caution — It is not a sound principle of construction to brush aside words in a statute as being inapposite surplusage, if they can have appropriate application in circumstances conceivably within contemplation of statute.

IX (2011) SLT 81

Interpretation of Statutes — Where statute provides for something to be done in a particular manner, it can be done in that manner alone and all other modes of performance are necessarily forbidden.

IX (2011) SLT 81

Right to Information — Information relating to magisterial inquiries initiated by Government of Manipur — Refusal of information under Section 6 of Act — Remedy is provided under Section 19 of Act by filing appeal.

IX (2011) SLT 81

Right to Information — Powers of Central/State Information Commission — Appeal — Scope and ambit of provisions of Sections 18 and 19 of Act — Distinction — Nature of power under Section 18 is supervisory in character whereas procedure under Section 19 is an appellate procedure — Sections 18 and 19 serve two different purposes, and lay down two different procedures and provide two different remedies.

IX (2011) SLT 81

Right to Information — Right to free speech and expression — Right to information which is basically founded on right to know, is an intrisic part of fundamental right to free speech and expression guaranteed under Article 19(1)(a) of Constitution.

IX (2011) SLT 48

Acquiescence — Meaning of expression — Acquiescence is sitting by, when another is invading the rights — Acquiescence must be such as to lead to inference of licence sufficient to create rights in other party.

IX (2011) SLT 48

CBI Investigation — Directions — Constitutional Court can direct CBI to investigate into case provided Court after examining the allegations in complaint reaches a conclusion that complainant could make out prima facie, case against accused.

IX (2011) SLT 48

Constitution of India , 1950 — Art. 137 — Review of Judgment — This Court under Art. 137 of Constitution has been invested with an express power to review any judgment in criminal law — While no such power conferred on High Court, inherent power of Court cannot be exercised for doing that which is specifically prohibited by Code itself.

IX (2011) SLT 48

Constitution of India , 1950 — Arts. 226, 32 — Writ of habeas corpus — Res judicata — Second writ petition for issuing writ of habeas corpus is barred by principles of res judicata — Doctrine of res judicata may not apply in case writ petition under Art. 32 of Constitution is filed before this Court after disposal of habeas corpus writ petition under Art. 226 of Constitution by High Court — Subsequent petition of habeas corpus on fresh grounds which were not taken in earlier petition for same relief may be permissible.

IX (2011) SLT 48

Criminal Procedure Code, 1973 — Section 482 vis-a-vis Civil Procedure Code, 1908 — Section 151 — Inherent Powers — Provisions of Section 482, Cr.P.C. closely resemble Section 151, CPC — Restrictions to use inherent power under Section 151, CPC are applicable in exercise of powers under Section 482, Cr.P.C., viz., there exists no other provision of law by which party aggrieved could have sought relief.

IX (2011) SLT 48

Distinction — Alteration/review of judgment and power to recall — Party seeking recall/alteration has to establish that it was not at fault.

IX (2011) SLT 48

Judicial Bias — A judgment which is the result of bias or want of impartiality, is a nullity and trial “coram non judice” — Consequential order, if any, is liable to be quashed.

IX (2011) SLT 48

Judicial Bias — Allegations of judicial bias are required to be scrutinised taking into consideration factual matrix of case in hand — Court must bear in mind that a mere ground of appearance of bias and not actual bias is enough to vitiate judgment/order — Actual proof of prejudice in such a case may make the case of party concerned stronger, but such a proof is not required.

IX (2011) SLT 48

Judicial Powers — Court has consistently emphasised that Judges must enforce laws whatever they may be and decide cases strictly in accordance with law — “Laws are not always just and lights are not always luminous — Nor again, are judicial methods always adequate to secure justice — But Courts are bound by penal Code and Cr.P.C. by the very “oath” of office.

IX (2011) SLT 48

Res Judicata — Doctrine of — It does not apply if case is entertained afresh at the behest of other parties.

IX (2011) SLT 48

Special Leave Petition — Dismissal in limine, does not mean that reasoning of judgment of High Court against which SLP had been filed before this Court stands affirmed or judgment and order impugned merges with such order of this Court on dismissal of petition — It simply means that this Court did not consider case worth examining for a reason, which may be other than merit of case.

IX (2011) SLT 48

“Waiver” — Meaning of expression — Intentional relinquishment of a right — It involves conscious abandonment of an existing legal right, advantage, benefit, claim or privilege which except for such a waiver, a party could have enjoyed.

IX (2011) SLT 34

“Vicarious Liability” — Concept of ‘vicarious liability’ is unknown to criminal law.

IX (2011) SLT 19

Distinction — Execution of Decree/Contempt of Court — Though in case of execution of decree, Executing Court may not be bothered whether disobedience of decree is wilful or not and Court is bound to execute a decree whatever may be consequence thereof — In a contempt proceeding, alleged contemnor may satisfy Court that disobedience has been under some compelling circumstances — In that situation, no punishment can be awarded to him.

IX (2011) SLT 19

Civil Procedure Code, 1908 — Order 39 Rules 1, 2 Order 39 Rule 2A, Order 21 Rule 32 — When the matter relates to infringement of decree or decretal order as between parties, it is not expedient to invoke and exercise contempt jurisdiction, in essence, as a mode of executing decree or merely because other remedies may take time or more circumlocutory in nature — Violation of permanent injunction can be set right in executing the proceedings and not contempt proceedings.

IX (2011) SLT 6

Doctrine of Certainty — Can appropriately be applied to legislative powers as it is applicable to judicial pronouncement.

IX (2011) SLT 6

Judicial Review — Allotment of Government accommodation — Scope of judicial review is quite limited — Depending on facts and circumstances of given cases Court has power to issue appropriate directions in exercise of jurisdiction under Article 226 of Constitution and under Article 32 r/w Article 141 of Constitution.

IX (2011) SLT 6

Principle of reason able ness — And non-arbitrariness in governmental action is the core of our constitutional scheme and structure — Its interpretation will always depend upon facts and circumstances of given case.

IX (2011) SLT 6

Public Law — Controlling the administrative actions of the public authorities — Conditions of work cannot be arbitrarily altered and even power of relaxation has to be exercised within limited scope available failing which, it would tantamount to denial of opportunity to employees.

IX (2011) SLT 6

Contempt of Court — Contempt proceedings being quasi-criminal in nature, standard of proof requires in the same manner as in other criminal cases.

IX (2011) SLT 6

Contempt of Court — For violation of judgment or decree, provisions of criminal contempt are not attracted.

IX (2011) SLT 6

Constitutional Jurisprudence — This Court in the process of interpreting the law can remove any lacunae and fill up the gaps by laying down directions with reference to dispute before it.

IX (2011) SLT 6

Administrative Jurisprudence — Wider the power conferred, more onerous is the responsibility to ensure that such power is not exercised in excess of what is required or relevant for case and decision.

IX (2011) SLT 6

Administrative Law — Fairness in State action is the essence of proper governance — Where authorities exercise their powers under Rules, they are expected to exercise discretion vested in them fairly and with intention to attain balance between exercise of discretionary power and larger public interest sought to be achieved by such discretion.

IX (2011) SLT 1

Constitution of India, 1950 — Article 136 — Special Leave to Appeal — Interference by Supreme Court in appeal under Article 136 of Constitution — If the view taken by High Court was plausible or possible it would not be proper for Supreme Court to interfere with an order of acquittal.

IX (2011) SLT 1

Criminal Trial — Each and every injury on accused is not required to be explained and more particularly where all injuries caused to accused are simple in nature.

IX (2011) SLT 1

Criminal Trial — In order to bring the matter within free fight both sides have to come armed and prepared to do battle with the result that each accused would be liable for his individual act.

VIII (2011) SLT 774

Service Law — Selection for the post of Legal Advisor-cum-Standing Counsel in Land and Building Department — Decision of UPSC to reject same not justified — Respondent had been awarded degree in law by recognised university, an essential qualification for post of Legal Advisor.

VIII (2011) SLT 767

Constitution of India , 1950 — Art. 136 — Special Leave to Appeal — It does not confer right of appeal on a party as such, but it confers wide discretionary power on Supreme Court to interfere in suitable cases — No dogmatic prescription of leave under Art. 136 to a non-party applicant can be laid down inflexibly.

VIII (2011) SLT 767

Constitution of India , 1950 — Art. 136 — Special Leave to Appeal — Interference by Supreme Court under Art. 136 called for — High Court completely misdirected itself in reversing trial Court’s order framing charge — Discretionary power under Art. 136 is not subject to any limitation, it has to be used sparingly and in exceptional cases — High Court’s judgment is tainted with legal infirmities and resulted in miscarriage of justice — High Court in its revisional jurisdiction appraised evidence which it could not have done.

VIII (2011) SLT 732

Appeal against Acquittal — Powers of Appellate Court to interfere and reverse the same — Principles which may be taken into consideration by Appellate Court while dealing with appeal against acquittal — No restriction in law to review and relook entire evidence on which order of acquittal is founded.

VIII (2011) SLT 732

Distinction — Appeal against Conviction and Acquittal — Very thin but fine distinction between an appeal against conviction and acquittal — Fine distinction to be kept in mind by Court while exercising its appellate jurisdiction.

VIII (2011) SLT 732

Indian Penal Code, 1860 — Section 84 — Unsound Mind — Onus of proof — Scope of provision — Person alleged to be suffering from any mental disorder cannot be exempted from criminal liability ipso facto — Onus would be on accused to prove by expert evidence his unsoundness of mind.

VIII (2011) SLT 732

Medical Jurisprudence and Toxicology by Modi — ‘Epileptic Psychosis’ is a progressing disease and associated with epileptic fits.

VIII (2011) SLT 732

Mens Rea — To commit a criminal offence, mens rea is generally taken to be an essential element of crime — Person who is suffering from mental disorder cannot be said to have committed a crime as he does not know what he is doing.

VIII (2011) SLT 723

“Court” — Rent Controller is not a ‘Court’ within meaning of Section 195(1), Cr.P.C.

VIII (2011) SLT 708

Indian Penal Code, 1860 — Sections 304B, 498A — Evidence Act, 1872 — Section 113B — Criminal Procedure Code, 1973 — Section 161 — Dowry Death, Cruelty — Presumption — No evidence of unnatural death or dowry demand — Mere fact that deceased happened to be young woman would not lead to inference that she had died unnatural death.

VIII (2011) SLT 702

MACT — Quantum — Personal Injuries — Assessment of compensation — Discussed.

VIII (2011) SLT 700

Law of Limitation — Important law on statute book — Law of limitation is intended to allow things to finally settle down after a reasonable time and not to let everyone live in a state of uncertainty.

VIII (2011) SLT 697

Administrative Law — In matters of policy Courts have limited role and it should only interfere with same when it is clearly illegal.

VIII (2011) SLT 697

Administrative Law — State should not be hampered by Court in dealing with evils at their point of pressure — All legislation, including delegated legislation and executive action is essentially ad hoc.

VIII (2011) SLT 697

Costitutional Law — Fundamental Right — Right to do business is a fundamental right guaranteed under Article 19(1)(g) of Constitution but this right is subject to reasonable restriction under Article 19(6).

VIII (2011) SLT 678

Civil Procedure Code, 1908 — Sections 35, 35A, 35B, Order 20A Rule 1 — Delhi High Court Rules — Chapter 11 Part C, Chapter 23 — Costs — Award of — Appeal against vacating temporary injunction in injunction suit — Order passed by High Court levying costs of Rs. 45,28,000/- on appellant is set aside and appellant directed to pay costs of appeal before High Court as per rules plus 3,000/- as exemplary costs to respondents.

VIII (2011) SLT 678

Civil Procedure Code, 1908 — Section 35A — Exemplary/compensatory costs — Section 35A refers to same in respect of false or vexatious claims or defences.

VIII (2011) SLT 678

Costs — ‘Actual realistic costs’ — Meaning of expression — Actual realistic cost should have correlation to costs which are realistic and practical — It cannot refer to fanciful and whimsical expenditure by parties who have luxury of engaging battery of high-charging lawyers.

VIII (2011) SLT 678

Costs — ‘Actual realistic costs’ — Observation in Salem Advocates Bar Association, V (2005) SLT 653=III (2005) CLT 53 (SC) is a direction to amend Rules so as to provide for actual realistic costs and not to ignore existing rules — Whatever may be the ‘actual’ expendidure incurred by party, what could be awarded as costs is what is provided in Rules.

VIII (2011) SLT 678

Costs — Award of Realistic Costs — Costs in regard to litigation include Court fee and process fee, advocates fee, expenses of witnesses and other expenses allowable under Rules — Rules be amended to provide for ‘actual realistic costs’ — Object is to streamline award of costs and simplify process of assessment while making cost ‘actual and realistic’.

VIII (2011) SLT 678

Costs —Compensatory costs in respect of false or vexatious claims, costs for causing delay, costs in regard to certain items — Court cannot avoid any conditions or limitations prescribed in code/rules in awarding costs.

VIII (2011) SLT 678

Costs — Discretion vested in Courts in the matter of award of costs is subject to two conditions, viz., conditions and limitations as may be prescribed and to provision of law for time being in force — Levy of costs and compensatory costs is one of the effective ways of curbing false or vexatious litigations.

VIII (2011) SLT 678

Arbitration Law — Costs in Arbitration Matters — What is awarded is not ‘actual’ expenditure but ‘reasonable’ costs.

VIII (2011) SLT 678

Court Fees — Except in case of few categories of suits (i.e. money suits, specific performance suits, etc. and appeals therefrom/where Court fee is ad valorem, in majority of suits/petitions and appeals arising therefrom, Court fee is fixed nominal fee.

VIII (2011) SLT 669

Labour Law — Without consent, workmen cannot be forced to work under different management — In that event, those workmen are entitled to retirement/retrenchment compensation in terms of Act.

VIII (2011) SLT 662

Right of Private Defence — Onus of proof on accused as to exercise of right of private defence is not as heavy as on prosecution to prove guilt of accused — It is sufficient for him to prove defence on touchstone of preponderance of probabilities.

VIII (2011) SLT 662

Murder — Culpable homicide not amounting to murder — Events which precede the incident will also have bearing on the issue whether act by which death was caused was done with intention of causing death or knowledge that it is likely to cause death but without intention to cause death — Totality of circumstances decides nature of offence.

VIII (2011) SLT 630

Precedent — Decision is an authority for what it decides and not what can logically be deduced therefrom — Ratio of a case must be understood having regard to fact situation obtaining therein.

VIII (2011) SLT 645

Central Excise — Interest — Delayed refunds — Liability of revenue to pay interest under Section 11BB of Act commences from date of expiry of three months from date of receipt of application for refund under Section 11B(1) of Act and not on expiry of said period from date on which order of refund is made.

VIII (2011) SLT 630

Service Law — Promotion Policy — It is the prerogative of Management (Air India) to adopt revised promotion policy which was intended to benefit all employees.

VIII (2011) SLT 613

FEMA — Appeals — Condonation of delay in filing appeals under Section 35 of FEMA — Delay of 1056 days — No case made out — Appellants were not bona fide prosecuting remedy before wrong Forum — Total absence of good faith, sine qua non for invoking Section 14 of Limitation Act.

VIII (2011) SLT 582

Lok Adalat — Dishonour of Cheque — Matter referred to by Magistrate Court to Lok Adalat is settled by parties and award is passed recording settlement — It can be considered as a decree of Civil Court and is executable — Courts below erred in holding that only if matter was one which was referred by Civil Court it could be decree and if matter was referred by Criminal Court it will be order of Criminal Court and not a decree under Section 21 of Act — Act does not make out any such distinction between reference made by Civil Court and Criminal Court.

VIII (2011) SLT 563

Prevention of Corruption Act, 1988 — Sections 7, 12, 13(1)(d) r/w Section 13(2) — Corruption — Delay in prosecution — In view of minimum sentence prescribed under Sections 7 and 13 of Act, long delay may be a ground for reduction of sentence in other cases, same may not be applicable to case on hand when statute prescribes minimum sentence.

VIII (2011) SLT 557

Criminal Procedure Code, 1973 — Section 125 — Maintenance — Grant of — Validity of marriage will not be a ground for refusal of maintenance if other requirements of Section 125, Cr.P.C. fulfilled — Appellant wife proved she was legally married wife of respondent with 3 children — In revision against maintenance order passed in proceedings under Section 125, Cr.P.C., Revisional Court has no power to re-assess evidence and substitute its own findings — But where finding is negative one, High Court would entertain revision, re-evaluate evidence and come to conclusion whether findings or conclusions reached by Magistrate are legally sustainable or not as negative findings has evil consequences on life of both child and woman.

VIII (2011) SLT 557

Criminal Procedure Code, 1973 — Sections 125, 397 — Revisional jurisdiction against maintenance order under Section 125, Cr.P.C. — Revisional Court has no power to re-assess evidence and substitute its own findings.

VIII (2011) SLT 552

Arbitration Law — Jurisdiction to proceed under Section 14(2) of Act — Award be made rule of Court — Court where first application was made is the Court competent to entertain all subsequent applications under Act.

VIII (2011) SLT 546

Contempt of Court — Once a person has been restrained by Court of competent jurisdiction from doing something, person concerned is not expected to do any thing till he gets communication from Court to effect that earlier order was modified or vacated — No officer would ever think of taking a chance upon any unauthentic communication with regard to vacation of interim relief because if information is not correct, he might be held guilty under provisions of Contempt of Courts Act.

VIII (2011) SLT 515

Central Excise — Plastic caps manufactured separately and not in same factory of appellant as plastic tubes — It is supplied by customers free of cost — Assessable value of tubes will not include value of caps.

VIII (2011) SLT 512

Labour Law — For labour related matter terms ‘calendar year’ and ‘block of 12 months’ are interchangeable — It would be sufficient, if petitioner could establish that he had rendered more than 240 days service in a ‘block of twelve months’.

VIII (2011) SLT 510

Non-compoundable Offences — Attempt to murder — Offences which are not compoundable under Section 320, Cr.P.C. cannot be allowed to be compounded even if there is settlement between complainant and accused — Settlement can be taken into consideration for determining quantum of sentence to be awarded to appellants.

VIII (2011) SLT 505

FIR — Two — Law does not prohibit registration and investigation of two FIRs in respect of same incident in case the versions are different — Test of sameness has to be applied otherwise there would be cross-cases and counter-cases.

VIII (2011) SLT 505

Protest Petition — Can be treated as a complaint and proceeded with in terms of Chapter XV of Cr.P.C. — In case there is no bar to entertain second complaint on same facts, in exceptional circumstances, second protest petition can also similarly be entertained under exceptional circumstances.

VIII (2011) SLT 505

Second Complaint — Law does not prohibit filing or entertaining of second complaint even on same facts provided earlier complaint has been decided on basis of insufficient material or order passed without understanding nature of complaint or complete facts not placed before Court, etc.

VIII (2011) SLT 452

Fraud — It vitiates everything including judicial acts.

VIII (2011) SLT 452

Precedent — Decision rendered by Courts on basis of facts pleaded before them and issues arising out of those pleaded facts.

VIII (2011) SLT 452

Public Law — Jurisdiction — If a Judgment is obtained by playing fraud on Court is a nullity and is to be treated as non est by every Court superior or inferior, it would be strange logic to hear that an inquiry into question whether judgment was secured by playing fraud on Court by not disclosing necessary facts relevant for adjudication of controversy before Court is impermissible.

VIII (2011) SLT 428

2G Spectrum Case:

Bail — Cheating, Forgery, Abetment, Corruption — Grant of bail by imposing stringent conditions of executing bond in sum of Rs. 5 lacs each by accused persons.

VIII (2011) SLT 428

2G Spectrum Case:

Constitutional Law — Right to Life and Personal Liberty — When undertrial prisoners are detained in jail custody to an indefinite period, Article 21 of Constitution is violated — Every person, detained or arrested, is entitled to speedy trial — Bail is the rule and committal to jail is exception — Refusal of bail is a restriction on personal liberty of individual guaranteed under Article 21 of Constitution.

VIII (2011) SLT 423

Civil Procedure Code, 1908 — Order 39 Rules 1, 2 — Injunction — Interim Order — Three basic principles to be considered by Court, viz.,prima facie case, balance of convenience and inconvenience and irreparable loss and injury.

VIII (2011) SLT 415

Arbitration Law — Award — To be enforced under CPC in same manner as it were a decree of Court.

VIII (2011) SLT 397

Indian Penal Code, 1860 — Section 120B — Criminal conspiracy — Gist of offence of conspiracy is agreement between two and more persons to do or cause to be done an illegal act or legal act by illegal means — There must be meeting of minds resulting in ultimate decision taken by conspirators regarding commission of crime.

VIII (2011) SLT 378

Criminal Procedure Code, 1973 — Sections 320, 482 — Compounding of offence, Inherent powers — Simply because an offence is not compoundable under Section 320, Cr.P.C., is by itself no reason for High Court to refuse exercise of its power under Section 482, Cr.P.C. — That power can be exercised in cases where there is no chance of recording conviction against accused and entire exercise of trial is destined to be an exercise in futility.

VIII (2011) SLT 372

Scheduled Castes and Scheduled Tribes — Burden of Proof — Burden of proving caste claim is upon applicant — He has to produce all the requisite documents in support of his claim.

VIII (2011) SLT 347

Criminal Procedure Code, 1973 — Section 439 — Indian Penal Code, 1860 — Section 211 — Bail — False complaint — Once it is held that bail proceedings amounted to judicial proceedings same being anterior in point of time to taking of cognizance by M.M., no escape from conclusion that any offence punishable under Section 211, IPC could be taken cognizance of only at the instance of Court in relation to whose proceedings the same was committed or who finally dealt with that case.

VIII (2011) SLT 321

Public Trust — Interest of public is paramount in any religious public trust.

VIII (2011) SLT 306

Contempt of Court — Power is inalienable attribute of Court and inheres in every Court of record — This power though inherent to High Court is given a constitutional status by Article 215 of Constitution.

VIII (2011) SLT 306

Contempt of Courts Act, 1971 — Section 2(c)(ii) — “Criminal Contempt” — An act which prejudices or interferes or tends to interfere with due course of Judicial proceeding comes within mischief of criminal contempt — Power to punish for contempt is inherent in Courts of record and described as necessary incident to every Court of justice.

VIII (2011) SLT 285

Employees’ Provident Funds — Priority of payment of contributions over other debts — Overriding Preferential Payment — By virtue of non obstante clause contained in Section 529A(1) of Companies Act, statutory priority has been given to workmen’s dues and debts due to secured creditors over all other dues — Effect of amendment made in Companies Act is only to expand scope of dues of workmen and place them at par with debts due to secured creditors — There is no reason to interpret this amendment as giving priority to debts due to secured creditors over dues of PF payable by employer — Impugned judgment and order of Company Judge set aside.

VIII (2011) SLT 285

Interpretation of Statutes — If two special enactments contain provisions which give overriding effect to provisions contained therein, then Court is required to consider purpose and policy underlying the two Acts and clear intendment conveyed by language of relevant provisions.

VIII (2011) SLT 285

Interpretation of Statutes — It is a well recognised rule of interpretation that every part of statute must be interpreted keeping in view context in which it appears and purpose of legislation.