2023 SCC Vol. 4 Part 5

2023 scc vol. 4 part 5

Civil Procedure Code, 1908 — Or. 9 R. 13 r/w S. 17 of the Provincial Small Cause Courts Act, 1887 — Ex parte eviction decree: Principles clarified relating to validity of rejection of application for setting aside of ex parte eviction decree on ground that amount towards further use and occupation of suit shop not deposited. [Shyam Kumar Gupta v. Shubham Jain, (2023) 4 SCC 713]

Motor Vehicles Act, 1988 — Ss. 2(21), 2(15), 2(48) and 10(2)(d) [as amended by Amendment Act 54 of 1994] r/w Rr. 5 and 31 of the Central Motor Vehicles Rules, 1989 and S. 149: Matter relating to whether a person licensed to drive LMV ipso facto entitled to drive a transport vehicle in that category, referred by present three-Judge Bench to larger Bench of Supreme Court for reconsideration of correctness of ruling of three-Judge Bench in Mukund Dewangan, (2017) 14 SCC 663. Prayer for reconsideration of Mukund Dewangan case by a larger Bench, granted on ground that a number of important differences between licence for driving LMV and licence for driving transport vehicle of same weight, had not been considered therein. [Bajaj Alliance General Insurance Co. Ltd. v. Rambha Devi, (2023) 4 SCC 723]

Prevention of Corruption Act, 1988 — Ss. 7 and 13(1)(d) r/w Ss. 13(2) and 20 — Illegal gratification: Law clarified on permissibility of drawing inferential deduction of guilt of public servant in absence of direct evidence of demand of illegal gratification. [Neeraj Dutta v. State (NCT of Delhi), (2023) 4 SCC 731]

Central Excise (Valuation) Rules, 1975 — Rr. 6(b)(i) and 6(b)(ii) — Valuation — Captive consumption of goods: Principles clarified relating to approach to be adopted for determination of normal price and determination of applicability of R. 6(b)(i) or (ii) of the 1975 Rules. [CCE v. J.R. Organics Ltd., (2023) 4 SCC 779]

Constitution of India — Arts. 124(2), 217(1), 222(1), 216, 141, 136 and 226 — Collegium System of appointment of Judges — Transparency in: Compliance with publication of final decision of Collegium on the Supreme Court’s website as per Resolution dt. 3-10-2017. Tentative and final decisions of Collegium, distinguished. Held, only final decisions have to be uploaded on Supreme Court’s website. [Anjali Bhardwaj v. CPIO, Supreme Court of India, (2023) 4 SCC 784]

Electricity Act, 2003 — S. 125 — Substantial question of law: The existence of a “substantial question of law” arising from the judgment of APTEL is sine qua non for exercise of jurisdiction by Supreme Court under S. 125 of the 2003 Act. Test for determination of existence of substantial question of law, explained. Principles relating to scope of second appeal vis-à-vis issues that can be raised, elucidated. BSES [Rajdhani Power Ltd. v. Delhi Electricity Regulatory Commission, (2023) 4 SCC 788]

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