Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 24 – 31, 2022]

Central Excise Tariff Act, 1988 - Modified Vapour Absorption Chiller Machines cannot be categorized as a Heat Pump to avail concessional tariff benefits - The end use of MVAC is to produce Chilled Water. The use of heat as one of the sources in the airconditioning system would not take away the primary or basic function of the MVAC, which is to cool and not heat water - Definition of a product given in the HSN should be given due weightage in the classification of a product for the purpose of levying excise duty. Thermax Ltd v. Commissioner of Central Excise, Pune-1, 2022 LiveLaw (SC) 881 Code of Criminal Procedure, 1973; Section 406 - Negotiable Instruments Act, 1881; Section 138 - Transfer Petition filed by a woman-accused seeking transfer of cheque bounce complaint - A complaint under Section 138 cannot be transferred as per the convenience of the accused - Being a woman and senior citizen, she can always seek exemption from personal appearance - Directed Trial Judge to favourable consider application if made by the petitioner for grant of exemption - The Trial Judge shall compel the petitioner to appear only when her presence is absolutely mandatory for the conduct of the trial. S. Nalini Jayanthi v. M. Ramasubba Reddy, 2022 LiveLaw (SC) 880 Code of Criminal Procedure, 1973; Section 438 - Anticipatory Bail - Anticipatory bail granted to the accused only till framing of the charge - It is the impugned order which would reflect the mind of the judge as to what were the peculiar facts and circumstances which warranted limiting the anticipatory bail for a particular period. The perusal of the entire order would reveal that there is no discussion at all with regard to the same - Part of the order which restricts the anticipatory bail upto framing of charge is quashed and set aside. Tarun Aggarwal v. Union of India, 2022 LiveLaw (SC) 885 Code of Criminal Procedure, 1973; Section 482 – Inherent powers of High Court – Accused cannot be made to pay ad interim victim compensation by the High Court in the exercise of their inherent powers as a precondition to get anticipatory bail without reasonable justification – Held, there was no reasonable justification for the High Court to call upon the appellant to submit a demand draft of Rs. 10 lakhs in availing the benefit of pre-arrest bail – Appeal allowed. Ravikant Srivastava @ Ravi Kant Shrivastava v. State of Jharkhand, 2022 LiveLaw (SC) 877 Code of Criminal Procedure, 1973; Section 482 - Negotiable Instruments Act, 1881; Sections 138,139 - Whether the cheque in question had been issued for a time barred debt or not, itself prima facie, is a matter of evidence and could not have been adjudicated in an application filed by the accused under Section 482 of the CrPC. Yogesh Jain v. Sumesh Chadha, 2022 LiveLaw (SC) 879 Constitution of India, 1950 - Court's duty to protect constitutional values - Court is charged with the duty to protect the fundamental rights and also preserve the constitutional values and the secular democratic character of the nation and in particular, the rule of law. Shaheen Abdullah v. Union of India, 2022 LiveLaw (SC) 872 Constitution of India, 1950; Article 136 - Criminal Appeal - Circumstances under which an appeal would be entertained by Supreme Court from an order of acquittal passed by a High Court summarised. (Para 45 - 46) Subramanya v. State of Karnataka, 2022 LiveLaw (SC) 887 Consumer Protection Act, 1986 - Insurance claims - An insurance company cannot take a defense which did not form the basis of repudiation of the claim. (Para 13-15) JSK Industries Pvt. Ltd. v. Oriental Insurance Company Ltd., 2022 LiveLaw (SC) 884 Cooperative Societies Act, 1969 (Kerala); Section 40(1)(a) - A member of the society executing the document in his own capacity or in the capacity of a Guardian or a minor shall not be entitled to the benefit of remission of stamp duty - The benefit is available only in respect of instruments executed by or on behalf of a society or by an officer or member thereof and instrument so executed should be relating to the business of the society. (Para 8-9) Kerala Land Reforms & Development Co-operative Society Ltd. v. District Registrar (General), 2022 LiveLaw (SC) 882 Criminal Cases - Disposal of criminal cases by resorting to the triple method of plea bargaining, compounding of offences and under the Probation of Offenders Act, 1958 - Guidelines issued. Re: Policy Strategy for Grant of Bail, 2022 LiveLaw (SC) 889 Criminal Trial - Circumstantial Evidence - In a case of circumstantial evidence, the judgment remains essentially inferential. The inference is drawn from the established facts as the circumstances lead to particular inferences. The Court has to draw an inference with respect to whether the chain of circumstances is complete, and when the circumstances therein are collectively considered, the same must lead only to the ...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 24 – 31, 2022]

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