IV (2008) SLT 369 CONSTITUTIONAL LAW - Reservation - Identification of 'backward class' is not done solely on basis of caste.

IV (2008) SLT 369 CONSTITUTIONAL LAW - Education - Reservation of 27% of seats for 'Other Backward Classes' as "socially and educationally backward classes" can be operative only after excluding creamy layer from identifiable OBCs.

IV (2008) SLT 369 CONSTITUTIONAL LAW - Fundamental Right - It is a mandatory obligation of the State to provide free and compulsory education to all children aged 6 to 14.

IV (2008) SLT 369 CONSTITUTIONAL LAW - Reservation of 27% of seats for OBCs does not violate 'basic structure' of constitution so far as it relates to state maintained institutions and aided educational institutions.

IV (2008) SLT 369 CONSTITUTIONAL LAW - Reservation - 'Creamy layer' principle not applicable to Scheduled Castes and Scheduled Tribes.

III (2008) SLT 180 COMPANY LAW - Oppression - When made out - Where conduct is harsh, burdensome and wrong, malafide and is for collateral purpose - Action is against is probity and good conduct.

III (2008) SLT 151 CRIMINAL LAW - Co-accused - Acquittal of - Effect of - Acquittal of one accused itself would not lead to conclusion that entire prosecution case was false.

III (2008) SLT 162 CRIMINAL LAW - Inherent Powers - Court must be careful to see that its decision in exercise of this power is based on sound principles - Inherent power should not be exercised to stifle legitimate prosecution.

III (2008) SLT 162 CRIMINAL LAW - Quashing of FIR and Charge-sheet - Not justified - Criminal conspiracy, false evidence - Corruption - Prima facie case made out, setting out cognizable offence justifying registration of case and investigation thereon - Present case does not fall in any of the categories as enumerated in case of Bhajan Lal, I (2006) CCR 209 (SC) - Impugned judgment of High Court set aside.

III (2008) SLT 89 CENTRAL EXCISE - Reference - High Court has no power to condone delay.

III (2008) SLT 59 CRIMINAL LAW -Anticipatory Bail - Provision of Section 438, Cr.P.C has no application in State of U.P.

III (2008) SLT 53 CRIMINAL LAW - Murder of mother - Prima facie case made out - Testimony of PWs of accused inspire confidence - Prosecution case has been established - Trial Court and High Court justified in holding accused guilty.

III (2008) SLT 55 SERVICE LAW - Pay Scale - Parity - There should be complete and wholesale identity between two groups.

III (2008) SLT 55 SERVICE LAW - Pay Scale - Recommendation - Interference by Court - It is likely to have cascading effect on all related service which may result into multifarious litigation.

III (2008) SLT 40 CRIMINAL LAW - FIR - Each and every detail of incident not necessary to be stated.

III (2008) SLT 31 CRIMINAL LAW - Murder - No rule of universal application that whenever one blow is given, Section 302, IPC is ruled out - It would depend upon weapon used, size of it in some cases, part of body on which it was given and such relevant factors.

III (2008) SLT 40 CRIMINAL LAW - Murder in a bus - Motive - Political rivalry - Testimony of PWs reliable - In FIR all accused persons were named and overt acts on their part also stated at same length - Identification of accused established - Impugned order upheld.

III (2008) SLT 34 EMPLOYEES' PROVIDENT FUND - "Basic wage" does not include amounts received for leave encashment.

III (2008) SLT 1 INTERPRETATION OF STATUTES - Word must be construed as comprehending not only such things which they signify according to their natural import, but also those things which interpretation clause declared that they shall include.

III (2008) SLT 34 PRINCIPLE OF LAW - Concept of beneficial legislation becomes relevant only when two vies are possible.

II (2008) SLT 5
Motor Accident Claims - Compensation - Death of child - Claimants parents - Relevant factors is age of parents - Normal rule about deprivation of income not applicable.

II (2008) SLT 25 Consent - Common Consent for diagnostic and operative procedure cannot be considered as consent for therapentic treatment.

II (2008) SLT 55 Criminal Law - Right of private Defence cannot be claimed when accused are aggressors particularly when members of complainant party were totally unarmed.

II (2008) SLT 74 Motor Accident Claims - Compensation - Award of, exceeding amount claimed, permissible.

II (2008) SLT 77 Criminal Law - NDPS - Search - Right of search taken in presence of Magistrate or Gazetted Officer is restricted where search is to be taken of 'person' of accused.

II (2008) SLT 82 Criminal Law - Inherent Powers - Quashing of proceedings - Not justified after framing of charges.

II (2008) SLT 106 Customs - Compounding of Offences cannot be allowed if there are apparent contradictions, inconsistencies or incompleteness in case of applicant before Compounding Authority.

II (2008) SLT 113 Arbitration Law - Setting aside Award - Award in excess of claim invalid - Further, award of Arbitrator in respect of time-barred claim is an error apparent on face of award - Award set aside.

II (2008) SLT 132 Criminal Law - Rape - Minor girl aged 10 years - Measure of punishment cannot depend upon social status of victim or accused but depends upon conduct of accused, state and age of sexually assaulted female and gravity of criminal act.

II (2008) SLT 132 Interpretation of Statutes - Recourse to proviso can be had only for "special and adequate reasons" and not in casual manner.

II (2008) SLT 143 Transfer of Case - Power to transfer case must be exercised with due care, caution and circumspection.

II (2008) SLT 170 Constitutional Law - Taxes on professions, trades, callings and employments - State Legislature precluded from making laws enabling authorities to impose tax on professions, trades, callings, etc. in excess of prescribed amount.

II (2008) SLT 154 Criminal Law - Common Intention - Applicability of Section 34, IPC - When persons go together armed with deadly weapons and fatal injuries caused to deceased, all of them equally liable in view of Section 34, IPC.

II (2008) SLT 170 Distinction - Tax on Profession and Tax on Income.

II (2008) SLT 162 Service Law - Family Pension - Grant of - Scheme relating to grant of family pension made under statute - Person would be entitled to benefit thereof subject to statutory interdicts.

II (2008) SLT 170 Writ Jurisdiction - Remedy available under Art. 226 is public law remedy.

II (2008) SLT 201 Criminal Law - Bail - Cancellation - When basic requirements necessary for grant of bail completely ignored by High Court, this Court would be justified in cancelling bail.

II (2008) SLT 190 Specific Performance of Contract - In all suits for specific performance, plaintiff is entitled to seek alternative relief in event decree for specific performance cannot be granted for any reason.

II (2008) SLT 224 Permanent Injunction - Grant of - Plaintiff to show he was in possession - Plaintiff not in possession not entitled to relief without claiming recovery of possession.

II (2008) SLT 234 Principle of Law - Court cannot amend act of legislature and cannot fill up casus omissus.

II (2008) SLT 219 Writ Jurisdiction - Contractual disputes involving public law element are amenable to writ jurisdiction.

II (2008) SLT 262 Criminal Law - Evidence - Discovery of dead body - Rule of caution and not of law - In event, there exists strong circumstantial evidence, judgment of conviction can be recorded even in absence of dead body.

II (2008) SLT 266 Criminal Law - Juvenile - Determination of - Relevant date is date of commission of offence.

II (2008) SLT 245 Criminal Law - Passport - Impounding of, can only be done by passport authority under Section 10(3) of Passport Act.

II (2008) SLT 301 Criminal Law - Criminal Breach of Trust - vicarious liability - Managing Director of a Company cannot be held vicariously liable for any offence committed by Company itself.

II (2008) SLT 287 Hindu Law - Succession - Rights of widow in deceased husband's property not be cease on her re-marriage.

II (2008) SLT 328 Land Acquisition - Acquisition proceedings - Delay in filing writ petition challenging acquisition proceedings - Writ petition filed after taking over possession and award becoming final - Same deserves to be dismissed.

II (2008) SLT 323 Service Law - Promotion - Employee of State although has no fundamental right of promotion, it has to be considered therefor - What is necessary is to provide an opportunity of advancement, promotion being normal incidence of service.

II (2008) SLT 397 Criminal Law - Evidence - Testimony of Child Witness - Evidence Act does not prescribe any particular age as determinative factor to treat witness to be competent one.

II (2008) SLT 388 Life Insurance - Repudiation of Claim - Premium not paid in time - Policy lapsed - Premium cheque received after death of assured - Section 64-VB not applicable.

II (2008) SLT 405 Revisional Jurisdiction - To be exercised within limited parameters - Unless there are glaring defects in procedure or manifest errors of law leading to miscarriage of justice, there is no scope for interference.

II (2008) SLT 391 Workmen's Compensation - Liability of Employer - Driver absconded with vehicle - Not heard for 7 years - Presumption under Section 10, Evidence Act could not been invoked for grant of compensation without any other evidence on record - Impugned judgment set aside.

II (2008) SLT 437 Stamp Duty - Use of stamp papers for execution of agreement to sell - No impediment for stamp paper purchased more than 6 months prior to proposed date of execution, being used for document.

II (2008) SLT 426 Taxation (Sales Tax) - Circulars/orders issued by Commissioner are not binding on assessee.

II (2008) SLT 459 Criminal Law - Corruption - Appeal against acquittal - Reasons to be recorded while refusing grant of leave to file appeal against acquittal - Absence of reasons rendered order of High Court unsustainable and set aside.

II (2008) SLT 476 Service Law - Employees entitled to protection of pay scale if he is working for long time in ex-cadre post.

II (2008) SLT 491 Company Law - Winding up - Every creditor may present petition for winding up of Company, but every contributory cannot.

II (2008) SLT 511 Principle of Law - If deceased was in custody or company of accused, then accused must supply some explanation regarding disappearance of deceased.

II (2008) SLT 518 Election Law - Rejection of Election Petition - Defects pointed out purely cosmetic and does not go to root of matter - Dismissal at threshold justified.

II (2008) SLT 561 Criminal Law - Statement to Police Officer - Bar of Section 162, Cr.P.C. shall not apply to any statement falling within provision of Clause (1) of Section 2, Evidence Act, nor shall it affect Section 27 of Evidence Act.

II (2008) SLT 550 Judgment - Declaration by Judge of his intention of what his 'judgment' is going to be, or declaration of his intention of what final result going to be is not judgment.

II (2008) SLT 576 Resjudicata - Principle of judicial administration and based on common law maxim of public policy aiming at finality of litgation and preventing litigant from being tried twice over on same issue.

II (2008) SLT 587 Mala Fide - Burden of proof - Lies on person who alleges it.

II (2008) SLT 600 Rent Control and Eviction Laws - Subletting - Burden of proof is on landlord - But if landlord proves that sub-tenant is in exclusive possession of premises, then onus shifted to tenant to prove that is was not a case of subletting.

II (2008) SLT 600 Rent Control and Eviction Laws - Subletting - Waiver of right to evict conscious relinquishment of benefit must be proved.

IV (2007) SLT 235 (SC) Central Excise - 'Roasted Peanuts' are not namkeen for purpose of classification under Central Excise Tariff Act and assessee not entitled to benefit of notification dated 1.3.1997.

IV (2007) SLT 229 (SC) Tenancy - Lawful tenant of Shamilat Deh land - Lawful tenant is one who has been admitted as tenant after following proper formalities.