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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 Allows Port Trust to Seize and Dispose of Third-Party Goods Under Section 6 of Public Premises Act. The Court held that Section 6 of the PP Act is independent of the Major Port Trusts Act and permits disposal of goods found on public premises even if they belong to third parties without privity of contract.

21 Feb 2019

The Supreme Court considered appeals arising from a Full Bench reference of the Calcutta High Court concerning the interpretation of Section 6 of the ...

Supreme Court

Supreme Court Dismisses Appeal of Booth Allottee for Persistent Default in Payment - Resumption Order Confirmed. Rank defaulter not entitled to relief despite multiple opportunities; Article 142 cannot protect unscrupulous buyer who paid only 25% of sale consideration and defaulted for 23 years.

21 Feb 2019

The Supreme Court dismissed the appeal filed by Rajiv Vohra against the State of Haryana and others, confirming the resumption order passed by the Est...

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 ...

Supreme Court

Supreme Court Dismisses Appeals Against Enforcement of Foreign Arbitral Awards Under Part II of Arbitration and Conciliation Act, 1996 — Holds That Objections to Enforceability Must Be Raised Under Section 48 and That Pendency of Civil Suit Does Not Bar Execution

20 Feb 2019

The Supreme Court dismissed two special leave petitions filed by LMJ International Ltd. and Sri Munisuvrata Agri International Ltd. against the judgme...

Supreme Court

Supreme Court Upholds Conviction of Bus Driver in Fatal Accident Case. Concurrent findings of fact by lower courts on rash and negligent driving causing death of four persons under Sections 279, 337, and 304-A IPC affirmed.

20 Feb 2019

The appellant, Thangasamy, was convicted by the Trial Court for offences under Sections 279, 337 (3 counts), and 304-A (4 counts) of the Indian Penal ...

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