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GEN (Civil. Crl. etc. [SC]

[ID 20] The first appellate court exercising power to dismiss the appeals summarily ought to pass a speaking order making it precise that it did go into the pleas - of fact and/or law - sought to be urged before it and upon deliberating on them found them to be devoid of any merit or substance and giving brief reasons. This is necessary to satisfy any superior jurisdiction to whom the aggrieved appellant may approach that the power to summarily dismiss the appeal was exercised judicially and consciously by way of an exception.

GEN

[ID 21] Recording of reasons is a part of fair procedure. Failure to give reasons amounts to denial of justice.
Recording of reasons is a part of fair procedure. Reasons are harbinger between the mind of maker of the decision in the controversy and the decision or conclusion arrived at. They substitute subjectivity with objectivity - Failure to give reasons amounts to denial of justice.

GEN

[ID 22] The facts narrated therein are all materials that may be used in the forthcoming trial in this case - No hesitation that this type of articles appearing in the media would certainly interfere with the administration of justice. We deprecate this practice and caution the publisher, editor and the journalist who were responsible for the said article against indulging in such trial by media when the issue is subjudiced.

GEN (Civil. Crl. etc. [SC]

[ID 23] It is a matter of corruption - cannot give any latitude in such matters. Prevention of Corruption Act, 1947 - Learned counsel for the appellant submitted that offence was alleged to have been committed in 1986, now after lapse of almost 19 years would it be advisable to proceed with the matter. It is a matter of corruption - cannot give any latitude in such matters.

GEN

[ID 24] (1) The law laid down by this Court in a decision delivered by a Bench of larger strength is binding on any subsequent Bench of lesser or co-equal strength - (2) A Bench of lesser quorum cannot doubt the correctness of the view of the law taken by a Bench of larger quorum. In case of doubt all that the Bench of lesser quorum can do is to invite the attention of the Chief Justice and request for the matter being placed for hearing before a Bench of larger quorum than the Bench whose decision has come up for consideration. It will be open only for a Bench of co-equal strength to express an opinion doubting the correctness of the view taken by the earlier Bench of co-equal strength –

GEN (Civil. Crl. etc. [SC]

[ID 25] Conduct of the Party - In civil dispute the conduct of the parties is material. The appellants have not approached the Court with clean hands.

CENTRAL EXCISE - repacking from bulk to retail pack would render the product separately classifiable

[ID 29] CENTRAL EXCISE - repacking from bulk to retail pack would render the product separately classifiable - appellant avoided Central Excise liability by printing 'thinner' instead of 'solvent' even if the bulk material is identifiable excisable goods, the fact of repacking from bulk to retail pack would render the product separately classifiable. - Shri Arun Kanti Paul, in his letter has stated that they could avoid Central Excise liability by printing 'thinner' instead of 'solvent' on the packs of bottles. M/s. Philips India Ltd., by its letter No. HD/CE/ACCY dated 6th September, 1995, endorsed the same and permitted M/s. Paul & Sons to print 'thinner' instead of 'solvent' on the outer pack. The direction of M/s. Philips India Ltd. was actually executed by the appellant by printing 'thinner' instead of 'solvent' on the cartons.

GEN (Civil. Crl. etc. [SC]

[ID 12] A bare reading of the provisions makes it clear that the legislative intent was to prohibit goods vehicle from carrying any passenger.- the insurer was not liable

Indirect Taxes

[ID 11] What was collected by the company as excise duty was recoverable under Section 11A of the C.Ex Act.

Thus where the company/ manufacturer whose goods were liable to excise duty at a reduced rate in consequence of an exemption notification, while paying duty at reduced rate collected duty at a higher rate i.e. tariff rate from its customers the authorities were justified in holding that what was being collected by the company as excise duty was not excise duty but the value in substance of the goods and therefore, the excess value collected by the petitioner from the customers was recoverable under Section 11A of the Central Excises and Salt Act, 1944."

GEN (Civil. Crl. etc. [SC]

Rape - consent not valid if girl below 16 years. Evidence shows that she went with her own will and intercourse also was done voluntarily and not by force. It is clear from the evidence that they were in love and wanted to marry, but parents of PW2 objected. Hence, they together eloped and there is no kidnapping. School certificate as well as the deposition of father of PW2 shows that she was aged only 13 years and nine months at the time of incident. Hence, consent cannot be taken as valid.

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