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(1) MANOJ PRATAP SINGH Vs. THE STATE OF RAJASTHAN [SUPREME COURT OF INDIA] 24-06-2022
A. Penal Code, 1860 (IPC) - Sections 363, 365, 376(2)(f) and 302 - Protection of Children from Sexual Offences Act, 2012 - Section 6 - Death Sentence - Kidnapping, Rape and murder of Mentally challenged Seven-and-a-half-year-old girl - Crime had been of extreme depravity, which shocks the conscience, particularly looking to the target (a seven-and-a-half-year old mentally and physically challenged girl) and then, looking to the manner of committing murder, where the hapless victim’s head was lit

(2) ZAKIA AHSAN JAFRI Vs. STATE OF GUJARAT AND ANOTHER [SUPREME COURT OF INDIA] 24-06-2022
Gujarat Riots - Clean-Chit to Prime Minister Narendra Modi - Conspiracy cannot be readily inferred merely on the basis of the inaction or failure of the State administration.

(3) GOPINATHAN Vs. THE STATE OF KERALA [SUPREME COURT OF INDIA] 22-06-2022
Abkari Act, 1077 - Section 55(g) - Conviction and Sentence - Modification of - Accused engaged in manufacturing of arrack in a remote area, 40 liters of arrack was found kept in two jars of 20 litres each, at some distance about 3750 litres of wash was also seen concealed under the bushes in 250 tins each containing 15 liters each - Samples were collected from the jars and the wash, remaining wash was destroyed at the place itself - Consideration the overall aspect of the matter and the fact tha

(4) SUNIL KUMAR Vs. STATE OF KERALA AND ANOTHER [SUPREME COURT OF INDIA] 22-06-2022
Abkari Act, 1077 - Section 55(a) - Conviction and Sentence - Modification of - Considering the overall aspect of matter and the fact that 23 years have been rolled by this time from the date of incident and also noticing that there are no criminal antecedents against the appellant - While upholding conviction under Section 55(a), consider it appropriate to modify the sentence to simple imprisonment of one year and to pay a fine of Rs. 1,00,000, in default of payment of fine, to further undergo s

(5) MS. P[1] XXX Vs. STATE OF UTTARAKHAND AND ANOTHER [SUPREME COURT OF INDIA] 16-06-2022
A. Constitution of India, 1950 - Article 20(2) - Criminal Procedure Code, 1973 (CrPC) - Section 300 - Penal Code, 1860 (IPC) - Sections 504 and 506 - Re-trial - Accused having gone through the trial in relation to offences under Sections 504 and 506 IPC and having been acquitted, cannot be subjected to another trial for the same charges on the same facts - Any such process would be in blatant disregard of the settled principles which disapprove double jeopardy and are precisely contained in Arti

(6) KRISHNA RAI (DEAD) THROUGH LRS AND OTHERS Vs. BANARAS HINDU UNIVERSITY THROUGH REGISTRAR AND OTHERS [SUPREME COURT OF INDIA] 16-06-2022
Service Law - Consequential benefits - There was no authorization to the Board of Examiners to lay down the selection criteria and further there was clear violation of the suitability criteria laid down by the rule making authority - Some of the appellants have retired and a couple of them have also died, post retirement - Rest of them are still working - Since the examinations have already been held in the year 2006­07, all the appellants who are found to be eligible for promotion as per the ex

(7) BHARAT BHUSHAN GUPTA Vs. PRATAP NARAIN VERMA AND ANOTHER [SUPREME COURT OF INDIA] 16-06-2022
Court Fees Act, 1870 - Section 7(iv)(d) - Market value of the immovable property - It is the nature of relief claimed in the plaint which is decisive of the question of suit valuation - As a necessary corollary, the market value does not become decisive of suit valuation merely because an immovable property is the subject-matter of litigation - Market value of the immovable property involved in the litigation might have its relevance depending on the nature of relief claimed but, ultimately, the

(8) S.M. SHOBA Vs. THE INSPECTOR OF POLICE AND OTHERS [SUPREME COURT OF INDIA] 15-06-2022
Criminal Procedure Code, 1973 (CrPC) - Section 406 - Protection of Women from Domestic Violence Act, 2005 - Section 12 - Transfer of Criminal proceedings - It won't be appropriate at this stage to deal with respective arguments and record findings, as it may ultimately affect the parties and their pending litigations - However, on an overall conspectus of facts and circumstances of the cases, Transfer Petitions are liable to be dismissed.

(9) UNION OF INDIA Vs. K. RAJASHEKHARA REDDY AND ANOTHER [SUPREME COURT OF INDIA] 14-06-2022
Civil Services Examination Rules, 2014 - Rule 7(a)(vii) - Civil Service - Re-medical examination - A candidate who is declared 'temporarily unfit', the re-medical fitness certificate in terms of the provision has to be furnished within six months from the date on which the candidate was declared to be 'temporarily unfit' - Period of six months which has been stipulated under Rule 7(a)(vii) of Appendix III of CSE Rules, 2014 of which reference has been made, the word 'ordinarily' has to be conjoi

(10) EX. CT. MAHADEV Vs. THE DIRECTOR GENERAL, BOARDER SECURITY FORCE AND OTHERS [SUPREME COURT OF INDIA] 14-06-2022
Penal Code, 1860 (IPC) - Section 300 Exception 2 - Border Security Force Act, 1968 - Section 46 - Culpable homicide not amounting to murder - BSF constable fired from rifle in self defence - Private defence - Right of private defence is necessarily a defensive right which is available only when the circumstances so justify it - The circumstances are those that have been elaborated in the IPC - Such a right would be available to the accused when he or his property is faced with a danger and there

(11) SOMAKKA (DEAD) BY LRS. Vs. K.P. BASAVARAJ(DEAD) BY LRS. [SUPREME COURT OF INDIA] 13-06-2022
Civil Procedure Code, 1908 (CPC) - Section 96 and Order 41 Rule 31 - Filing of an appeal from the decree passed by a court of original jurisdiction - Duty, scope and powers of First Appellate Court - Section 96 of the Code of Civil Procedure, 1908 provides for filing of an appeal from the decree passed by a court of original jurisdiction - Order 41 Rule 31 of the CPC provides the guidelines to the appellate court for deciding the appeal - This rule mandates that the judgment of the appellate cou

(12) KATTUKANDI EDATHIL KRISHNAN AND ANOTHER Vs. KATTUKANDI EDATHIL VALSAN AND OTHERS [SUPREME COURT OF INDIA] 13-06-2022
Civil Procedure Code, 1908 (CPC) - Order 20 Rule 18 - Preliminary decree for partition and separate possession of the property - Once a preliminary decree is passed by the Trial Court, the court should proceed with the case for drawing up the final decree suo motu - After passing of the preliminary decree, the Trial Court has to list the matter for taking steps under Order XX Rule 18 of the CPC - The courts should not adjourn the matter sine die, as has been done in the instant case - There is a

(13) SWAMINATHAN KUNCHU ACHARYA Vs. STATE OF GUJARAT AND OTHERS [SUPREME COURT OF INDIA] 09-06-2022
Guardians and Wards Act, 1890 - Section 7 - Custody of child - Parents lost due to Covid - Paternal grandparents - There cannot be any presumption that the maternal aunt being unmarried having an independent income; younger than the paternal grandparents and having a bigger family would take better care than the paternal grandparents - In our society still the paternal grandparents would always take better care of their grandson - One should not doubt the capacity and/or ability of the paternal

(14) IN RE: T.N. GODAVARMAN THIRUMULPAD Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 03-06-2022
Environment (Protection) Act 1986 - Section 3 - Forest protection - Ecologically Sensitive Zones (ESZ) of 500 metres would be a reasonable buffer zone, within which subsisting activities which does not come within the prohibited list as per the Guidelines of 9th February 2011 could be carried on - But for commencing of any new activity which would be otherwise permissible, the ESZ norm of one kilometre shall be maintained for Jamua Ramgarh sanctuary - Direction:

(15) VALLAL RCK Vs. M/S SIVA INDUSTRIES AND HOLDINGS LIMITED AND OTHERS [SUPREME COURT OF INDIA] 03-06-2022
Insolvency and Bankruptcy Code, 2016 - Sections 12A and 30(4) - Objective - Provisions under Section 12A of the IBC have been made more stringent as compared to Section 30(4) of the IBC - Whereas under Section 30(4) of the IBC, the voting share of CoC for approving the Resolution Plan is 66%, the requirement under Section 12A of the IBC for withdrawal of CIRP is 90%.

(16) ARDHENDU KUMAR DAS Vs. THE STATE OF ODISHA AND OTHERS [SUPREME COURT OF INDIA] 03-06-2022
Ancient Monuments and Archaeological Sites and Remains Act, 1958 - Sections 2(dc), 20A, 20C and 20D - Shree Jagannatha Temple - Development works - Construction is being carried out for the purpose of providing basic and essential amenities like toilets for men and women, cloak rooms, electricity rooms etc. - These are the basic facilities which are necessary for the convenience of the devotees at large - Legislature has deliberately excluded four categories from the definition of "construction"

(17) MAHENDRA SINGH AND OTHERS Vs. STATE OF M.P. [SUPREME COURT OF INDIA] 03-06-2022
Penal Code, 1860 (IPC) - Sections 302, 148 and 149 - Murder - Single witness - When the witness is "wholly reliable", the Court should not have any difficulty inasmuch as conviction or acquittal could be based on the testimony of such single witness - Equally, if the Court finds that the witness is "wholly unreliable", there would be no difficulty inasmuch as neither conviction nor acquittal can be based on the testimony of such witness - It is only in the third category of witnesses that the Co

(18) THE STATE OF ANDHRA PRADESH Vs. RAGHU RAMAKRISHNA RAJU KANUMURU (M.P.) [SUPREME COURT OF INDIA] 01-06-2022
National Green Tribunal - Territorial jurisdiction of High Court - In any case, no law is necessary to state that insofar as the Tribunals are concerned, they would be subordinate to the High Court insofar as the territorial jurisdiction of the High Court is concerned - There can be no manner of doubt that in such a situation, it is the orders passed by the constitutional courts, which would be prevailing over the orders passed by the statutory tribunals.

(19) UNION OF INDIA AND OTHERS Vs. SURESH KUMAR SINGH [SUPREME COURT OF INDIA] 01-06-2022
Central Reserve Police Force Act, 1949 - Section 11 (1) - Departmental proceedings - In the absence of the examination of these three vital witnesses, the appellate authority found that the charges against the respondent - Present case has a specific finding that there is a serious lacuna in the conduct of the departmental proceedings in not examining the vital witnesses.

(20) KOTAK MAHINDRA BANK LIMITED Vs. A. BALAKRISHNAN AND ANOTHER [SUPREME COURT OF INDIA] 30-05-2022
Insolvency and Bankruptcy Code, 2016 - Sections 5(7), 5(8) and 7 - Application for initiation of CIRP under Section 7 of the IBC by Recovery Certificate Holder - Limitation period - A liability in respect of a claim arising out of a Recovery Certificate would be a "financial debt" within the meaning of clause (8) of Section 5 of the IBC - Consequently, the holder of the Recovery Certificate would be a financial creditor within the meaning of clause (7) of Section 5 of the IBC - As such, the hold

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