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Jitender @ Kalia v. The State (NCT of Delhi)

Delhi High Court · 23 Jan 2013 · 2013:DHC:373

The High Court dismissed the petition seeking recall of prosecution witnesses and examination of an unexamined witness, holding that powers under Sections 311 and 482 Cr.P.C. must be exercised only to prevent failure of justice and not to reopen or delay concluded trial proceedings.

criminal appeal_dismissed

VISTAR CONSTRUCTION (P) LTD v. UNION OF INDIA

Delhi High Court · 23 Jan 2013 · 2013:DHC:372-DB

The Delhi High Court held that the rate of service tax on works contract services is determined by the date of service rendition, not the date of payment receipt, invalidating a government instruction to the contrary.

tax appeal_allowed

VISTAR CONSTRUCTION (P) LTD v. UNION OF INDIA

Delhi High Court · 23 Jan 2013 · 2013:DHC:371-DB

The Delhi High Court held that the applicable service tax rate is determined by the date of service rendition, not payment receipt, invalidating a government instruction to the contrary.

tax appeal_allowed

National Insurance Company Ltd v. Hemant Kochar & Ors.

Delhi High Court · 23 Jan 2013 · 2013:DHC:374

The Delhi High Court allowed consolidation of evidence recording in multiple connected MACT suits arising from the same FIR to avoid repetition and delay, setting aside the Tribunal's refusal to do so.

civil appeal_allowed

Sarabjeet Malik v. UOI & Ors.

Delhi High Court · 23 Jan 2013 · 2013:DHC:362-DB

The Delhi High Court dismissed the writ petition upholding the Tribunal's interpretation that promotion ratios to Junior Scientific Officer posts must be maintained discipline-wise among feeder categories collectively, not within sub-disciplines of a single feeder category.

administrative petition_dismissed

Ms. Oswal Agro Mills Ltd. v. Punjab State Electricity Board

Supreme Court of India · 23 Jan 2013

The Supreme Court held that load sanctioned by the electricity board cannot be treated as unauthorized for surcharge, quashing the demand notices for load surcharge on the appellant's TG Set.

civil appeal_allowed

State of Haryana & Anr. v. M/S Polar Industries Ltd.

Supreme Court of India · 23 Jan 2013

The Supreme Court upheld the validity of treating branch transfers and consignment sales outside Haryana as deemed sales for quantifying notional tax liability under the sales tax exemption scheme and allowed the State's appeal setting aside the High Court's quashing of assessment orders.

tax appeal_allowed

Rajiv Thapar v. Madan Lal Kapoor

Supreme Court of India · 23 Jan 2013

The Supreme Court quashed criminal proceedings against accused in a dowry death case where unrefuted medical and forensic evidence conclusively established natural death, affirming the High Court's inherent jurisdiction under Section 482 CrPC to prevent abuse of process.

criminal appeal_allowed

Rajesh Gupta v. State of Jammu and Kashmir

Supreme Court of India · 23 Jan 2013

The Supreme Court quashed the arbitrary premature retirement of a government servant lacking sufficient material, emphasizing limited judicial interference in compulsory retirement orders based on valid subjective satisfaction.

administrative appeal_allowed

Azeez v. State of Kerala

Supreme Court of India · 23 Jan 2013

The Supreme Court acquitted the appellant of theft charges due to unexplained delay in FIR, failure of victims to notice theft immediately, and unreliable recovery evidence, granting benefit of doubt.

criminal appeal_allowed

Prashant Bharti v. State of NCT of Delhi

Supreme Court of India · 23 Jan 2013

The Supreme Court quashed criminal proceedings against the appellant under Sections 328, 354, and 376 IPC, holding that unrefuted scientific evidence disproved the allegations and continuing trial would be an abuse of process.

criminal appeal_allowed

C.P. Subhash v. Inspector of Police Chennai

Supreme Court of India · 23 Jan 2013

The Supreme Court held that alleged forgery of documents before their production in court is not barred by Section 195 CrPC and quashing of FIR at investigation stage is improper unless no offence is disclosed.

criminal appeal_allowed

DAV MANAGING COMMITTEE & ANR. v. DABWALI FIRE TRAGEDY VICTIMS ASSN.

Supreme Court of India · 23 Jan 2013

The Supreme Court upheld the High Court's joint and several liability of the appellants and respondent no.8 for 55% compensation in the Dabwali fire tragedy, dismissing the appeal for re-apportionment in absence of evidence.

civil appeal_dismissed

AIR FORCE SENIOR SECONDARY SCHOOL AND ANR v. PUSHPA SAH AND ORS

Delhi High Court · 22 Jan 2013 · 2013:DHC:339-DB

The Delhi High Court held that non-payment of subsistence allowance to a suspended employee, which impairs her ability to defend in a departmental inquiry, violates natural justice and set aside the penalty imposed.

labor appeal_dismissed

CIT v. Mak Data Ltd

Delhi High Court · 22 Jan 2013 · 2013:DHC:343-DB

The High Court held that failure to explain material facts regarding surrendered income under Explanation 1 to Section 271(1)(c) of the Income Tax Act justifies penalty for concealment, restoring the penalty set aside by the Tribunal.

tax appeal_allowed

Reliance Communications Ltd and Anr v. Bharti Airtel Ltd and Anr

Delhi High Court · 22 Jan 2013 · 2013:DHC:358

Delhi High Court upheld TDSAT's interim order directing payment of partial SMS termination charges and restraining service disconnection, affirming the Tribunal's jurisdiction and balancing of equities.

administrative petition_dismissed

G.S. Gill v. Electronics Corpn. of India

Delhi High Court · 22 Jan 2013 · 2013:DHC:356

The Delhi High Court set aside the removal order of an employee for violation of natural justice in disciplinary enquiry and allowed a fresh enquiry following proper procedures.

administrative petition_allowed

Union of India & Ors. v. Parbhati Ram

Delhi High Court · 22 Jan 2013 · 2013:DHC:340-DB

The court upheld the Tribunal's order setting aside dismissal penalty imposed without issuing a note of disagreement, emphasizing the mandatory nature of natural justice in disciplinary proceedings.

administrative petition_dismissed

Sher Singh v. N.D.M.C. and Anr.

Delhi High Court · 22 Jan 2013 · 2013:DHC:346-DB

The Delhi High Court held that the limitation period for filing a tribunal application does not run while a revision petition remains undecided and directed the revisional authority to decide the pending revision within six weeks.

administrative petition_allowed

M/S AMAZONE EXPORTS P. LTD. v. SECRETARY LABOUR & ANR.

Delhi High Court · 22 Jan 2013 · 2013:DHC:341

The Delhi High Court set aside a Labour Court award of reinstatement holding that the workman voluntarily abandoned service and the management complied with procedural requirements under Section 25F of the Industrial Disputes Act, 1947.

labor appeal_allowed