2023 SCC Vol. 4 Part 5

Educator

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— Or. r/w S. of the — 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, ]


— Ss. , , and [as amended by Amendment Act 54 of 1994] r/w Rr. 5 and 31 of the 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, . 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, ]


— Ss. and r/w Ss. and — 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), ]


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., ]


— Arts. , , , , , and — 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, ]


— S. — 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, ]


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