(1) DR. PREMACHANDRAN KEEZHOTH AND OTHERS Vs. THE CHANCELLOR KANNUR UNIVERSITY AND OTHERS [SUPREME COURT OF INDIA] 30-11-2023 Kannur University Act, 1996 - Section 10(9) and Section 10(10) - Re-appointment of Vice-Chancellor - It is the Chancellor who has been conferred with the competence under the Act 1996 to appoint or reappoint a Vice-Chancellor - No other person even the Pro-Chancellor or any superior authority can interfere with the functioning of the statutory authority and if any decision is taken by a statutory authority at the behest or on a suggestion of a person who has no statutory role to play, the same w India Law Library Docid # 1603769
(2) PAVANA DIBBUR Vs. THE DIRECTORATE OF ENFORCEMENT [SUPREME COURT OF INDIA] 29-11-2023 Penal Code, 1860 (IPC) - Section 120B - Prevention of Money Laundering Act, 2002 - Section 3 - Prevention of Money Laundering Act (PMLA) not be applicable to criminal conspiracy under Section 120B of the Indian Penal Code (IPC) unless the conspiracy is specifically related to money laundering - PMLA to be invoked, the conspiracy must have a direct connection to money laundering activities - It is not necessary that a person against whom the offence under Section 3 of the PMLA is alleged, must ha India Law Library Docid # 1603765
(3) VIJAY Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 29-11-2023 Stamp Act 1899 - Section 35 - Evidence Act, 1872 - Section 65 - Unstamped document - Secondary evidence - If a document that is required to be stamped is not sufficiently stamped, then the position of law is well settled that a copy of such document as secondary evidence cannot be adduced - Object of the Stamp Act is to collect proper stamp duty on an instrument or conveyance on which such stamp duty is payable - Section 35 is a provision to cater for the instruments not being properly stamped a India Law Library Docid # 1603766
(4) VISHNU KUMAR SHUKLA AND ANOTHER Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 28-11-2023 Criminal Procedure Code, 1973 (CrPC) - Sections 482, 378 and 407 - Penal Code, 1860 (IPC) - Sections 448, 454 and 380 - Theft - Discharge application - When coupled with the fact that the police did not find any offences having been made out against the appellants under Sections 454 and 380, IPC, the case against the appellants under Section 448, IPC finds itself on shaky ground - There is no suspicion, much less strong or grave suspicion that the appellants are guilty of the offence alleged - I India Law Library Docid # 1603762
(5) PAVNESH KUMAR Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 28-11-2023 Service Law - Promotion to Post of Sub-Inspector General Duty (GD) - Medically unfit - Appellant was working as a constable with the Border Security Force (BSF) - Review of decision declaring medically unfit - No doubt appointment to a higher post of an incumbent working on lower post is in the form of an accelerated promotion but it cannot be equated with normal mode of promotion - This is evident from the advertisement itself which in unequivocal terms states that applications are invited for India Law Library Docid # 1603763
(6) JAIVEER SINGH AND OTHERS Vs. THE STATE OF UTTARAKHAND AND OTHERS RESPONDENT[SUPREME COURT OF INDIA] 28-11-2023 Right of Children to Free and Compulsory Education Act, 2009 - Section 23(1) - Appointment of teachers for Class I to VIII - Government cannot amend or supersede statutory rules by administrative instructions, but if the rules are silent on any particular point, it can fill up the gaps and supplement the rules and issue instructions not inconsistent with the rules already framed - An authority cannot issue orders/office memorandum/executive instructions in contravention of the statutory rules - India Law Library Docid # 1603764
(7) SIVAMANI AND DINESH KUMAR Vs. STATE REPRESENTED BY INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 28-11-2023 Penal Code, 1860 (IPC) - Sections 307, 323 and 324 - Attempt to murder - Intention of the accused can be ascertained from the actual injury, if any, as well as from surrounding circumstances - Among other things, the nature of the weapon used and the severity of the blows inflicted can be considered to infer intent - There is no allegation of repeated or severe blows having been inflicted - Even the injuries on complainant and his mother have been found to be simple in nature, which is an additi India Law Library Docid # 1603761
(8) NABABUDDIN @ MALLU @ ABHIMANYU Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 24-11-2023 Criminal Procedure Code, 1973 (CrPC) - Section 313 - Narcotic Drug and Psychotropic Substances Act, 1985 (NDPS) - Section 15 - Conviction and sentence - Sustainability of - Non-examination of accused - Possession of 205 kilograms Poppy Straw without any licence or permit - A serious and material illegality committed by the Court as the examination of the appellant- accused was not made under Section 313 of CrPC - It will be unjust to subject the appellant to further examination under Section 313 India Law Library Docid # 1603760
(9) NEW INDIA ASSURANCE CO. LTD. AND OTHERS Vs. M/S. MUDIT ROADWAYS [SUPREME COURT OF INDIA] 24-11-2023 Customs Act, 1962 - Sections 22 and 23 - Abatement and remission of duty - Privileges enshrined in Sections 22 and 23 of the Customs Act, pertaining to abetment and remission, extend exclusively to those classified as 'importers' of insured goods. India Law Library Docid # 1603758
(10) SURESH AND OTHERS Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 24-11-2023 Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 420 and 120B - Essential Commodities Act, 1955 - Sections 3 and 7 - Quashing of FIR - Mixing hydrocarbons in different proportions by using mixing machines create a mixture that looks exactly like petrol and diesel - Non-production an expert's report - In the absence of the report, taking the charge sheet as it is, no material is placed on record to show that the liquid in the tanker was neither diesel nor pe India Law Library Docid # 1603759
(11) SHAH ORIGINALS Vs. COMMISSIONER OF INCOME TAX-24, MUMBAI [SUPREME COURT OF INDIA] 21-11-2023 Income Tax Act, 1961 – Section 80HHC – Claim for deduction - The controversy between the assessee and the Revenue is whether the profit earned on the foreign exchange falls under business income or income from other sources, the interpretation of Clause (baa) in Section 80 HHC is not attracted to the case on hand - Hence, for the reasons, This Court holds that the gain from foreign exchange fluctuations from the EEFC account does not fall within the meaning of “derived from” the export of garmen India Law Library Docid # 1603750
(12) PAWAN KUMAR Vs. STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 21-11-2023 Juvenile Justice (Care and Protection of Children) Act, 2000 – Section 16 - Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 25 - Juvenile Justice (Care and Protection of Children) Rules, 2007 - Rule 12 - Penal Code, 1860 (IPC) – Sections 302 and 307 read with Section 34 – Murder – Premature release of co-accused’s under the remission policy of the State - Plea of juvenility by the appellant-accused - Both the trial court and the appellate court, following an inquiry, have India Law Library Docid # 1603751
(13) NANHE Vs. STATE OF U.P. [SUPREME COURT OF INDIA] 21-11-2023 Penal Code, 1860 (IPC) – Sections 86, 302, 304 and 308 – Arms Act, 1959 – Section 25 –Murder – Reduction of Sentence - The appellant's counsel argues that the appellant did not intend to kill the deceased; the death was accidental - It is contended that the appellant, heavily intoxicated at the time, was not in control of his actions and suggests that the case should be categorized under Part II of Section 304 rather than Section 302 – Held, the appellant may have accidentally caused the death o India Law Library Docid # 1603752
(14) RAMKRISHNA FORGINGS LIMITED Vs. RAVINDRA LOONKAR, RESOLUTION PROFESSIONAL OF ACIL LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 21-11-2023 Insolvency and Bankruptcy Code, 2016 – Section 31(1) and 31(2) - Re-valuation of the assets of the Corporate Debtor - Fair value of the assets - Adjudicating Authority has jurisdiction only under Section 31(2) of the Code, which gives power not to approve only when the Resolution Plan does not meet the requirement laid down under Section 31(1) of the Code, for which a reasoned order is required to be passed - NCLT’s jurisdiction and powers as the Adjudicating Authority under the Code, flow only India Law Library Docid # 1603753
(15) MOTURU NALINI KANTH Vs. GAINEDI KALIPRASAD (DEAD, THROUGH LRS.) [SUPREME COURT OF INDIA] 20-11-2023 Hindu Adoptions and Maintenance Act, 1956 - Section 16 - Adoption Deed - Mere signature or thumb impression on a document is not adequate to prove the contents thereof but, in a case where a person who has given his son in adoption appears in the witness box and proves the validity of the said document, the Court ought to accept the same taking into consideration the presumption under Section 16 of the Act of 1956 India Law Library Docid # 1603743
(16) BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. Vs. MUKUL AGGARWAL AND OTHERS [SUPREME COURT OF INDIA] 20-11-2023 Insurance Claim - Replacement of Car - On account of damage caused to BMW Car due to accident - In case of total loss/constructive total loss, instead of paying the amount, the insurer has an option available to replace the vehicle with a new one - Thus, it is not the right of the insured under the policy conditions to always claim replacement of the car - It is at the option of the insurer - There was no provision for replacement of the vehicle by BMW in the event of complete loss or total cons India Law Library Docid # 1603744
(17) STATE OF JHARKHAND Vs. SOCIEDADE DE FOMENTO INDUSTRIAL PVT. LTD. AND OTHERS [SUPREME COURT OF INDIA] 20-11-2023 Mineral (Auction) Rules, 2015 (as amended by Mineral (Auction) Amendment Rules, 2017) - Rule 9(10), Rule 9(11) and Rule 9(12) - Prohibiting the Appellants from engaging in any actions that would undermine the rights of the Respondent in the ongoing tender process - The first Appellant, on 25.10.2019, issued a notice inviting tender to allocate and grant mining lease through e-auction of bauxite mineral - The State Government is expected to be aware of the commercial worth of the natural resource India Law Library Docid # 1603745
(18) P. KISHORE KUMAR Vs. VITTAL K. PATKAR [SUPREME COURT OF INDIA] 20-11-2023 Civil Procedure Code, 1908 – Section 100 - Second appellate court is not expected to conduct a “third trial on facts” or be “one more dice in the gamble” - The decision rendered by the first appellate court, not being in violation of the settled position of law, ought not to have been interfered with - With utmost respect to the High Court, This Court is constrained to observe that the question framed by it could be regarded as one of law, if it all, but did not merit the label of a substantial India Law Library Docid # 1603746
(19) PRIYA INDORIA Vs. STATE OF KARNATAKA AND OTHERS ETC. [SUPREME COURT OF INDIA] 20-11-2023 Criminal Procedure Code, 1973 (CrPC) – Section 438 - The terms "the High Court" or "the Court of Session" in legal context are limited to the local limits or specific territorial jurisdiction - However, this does not imply that if an FIR is filed in one state, the accused can seek anticipatory bail from a court in another state - The individual can do so if, at the time of the FIR, they are residing or present for a legitimate purpose in another state - Section 438 of the CrPC does not explicitl India Law Library Docid # 1603747
(20) VIVEK KAISTH AND ANOTHER Vs. THE STATE OF HIMACHAL PRADESH AND OTHERS [SUPREME COURT OF INDIA] 20-11-2023 Service Law – Appointment - Post of Civil Judge (Junior Division) - On February 1, 2013, the Himachal Pradesh Public Service Commissionissued an advertisement inviting applications for eight vacancies in the post of Civil Judge (Junior Division) in Himachal Pradesh Judicial Service - Of these, six vacancies were existing, and two were anticipated – There has been a violation of the process in making selection/appointment of the appellants, in as much as the vacancies on which the appellants were India Law Library Docid # 1603748