(1) GOBIND RAI @ MONU Vs. STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 03-06-2023 False promise of marriage - Horoscope Examination of Rape Victim - Prosecutrix is mangali, therefore, marriage could not be solemnized and the same has been refused - Order passed by the Allahabad High Court which directed the Head of Department (Astrology Department), Lucknow may decide the matter whether the girl is mangali or not is stayed. India Law Library Docid # 1603308
(2) JITENDRA NATH MISHRA Vs. STATE OF U.P. AND ANOTHER [SUPREME COURT OF INDIA] 02-06-2023 Penal Code, 1860 (IPC) - Sections 419, 420, 323, 406 and 506 - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989 - Section 14A(1) - Criminal Procedure Code, 1973 (CrPC) - Section 319 - Summoning order - Quashing of - Assault and hurling caste related abuses - Section 319, Cr. PC, which envisages a discretionary power, empowers the court holding a trial to proceed against any person not shown or mentioned as an accused if it appears from the evidence that such person has c India Law Library Docid # 1603305
(3) GHANSHYAM Vs. YOGENDRA RATHI [SUPREME COURT OF INDIA] 02-06-2023 Transfer of Property Act, 1882 - Section 53A - Possessory rights of the prospective purchaser cannot be invaded by the transferer or any person claiming under him - Legally an agreement to sell may not be regarded as a transaction of sale or a document transferring the proprietary rights in an immovable property but the prospective purchaser having performed his part of the contract and lawfully in possession acquires possessory title which is liable to be protected in view of Section 53A of the India Law Library Docid # 1603306
(4) THE STATE OF KARNATAKA AND OTHERS Vs. SMT. BHARATHI S. [SUPREME COURT OF INDIA] 19-05-2023 Karnataka Education Department Services (Department of Public Instructions) (Recruitment) Rules, 1967 - Entry 66 - Mere publication of the Additional List does not create any right to be appointed - There is no such mandate in the Rule - Entry 66 of the Rules merely provides that the Selection authority shall prepare and publish an Additional List of candidates not exceeding ten percent of the vacancies and the said list shall cease to operate from the date of publication of notification for sub India Law Library Docid # 1603284
(5) M/S GLOCK ASIA-PACIFIC LTD. Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 19-05-2023 Arbitration and Conciliation Act, 1996 - Sections 11(6), 12 and 12(5) - Appointment of Sole Arbitrator - Arbitration clause which authorises the Secretary, Ministry of Home Affairs, whose relationship with Union of India is that of an employee, to nominate an officer of the Ministry of Law and Justice to act as a Sole Arbitrator, clearly falls within the expressly ineligible category provided in Paragraph 1 of Schedule VII, read with Section 12(5) of the Act - Application under Section 11(6) of India Law Library Docid # 1603285
(6) THE GOVERNMENT OF ANDHRA PRADESH AND OTHERS Vs. M. RAMA RAO AND OTHERS. ETC. [SUPREME COURT OF INDIA] 19-05-2023 Service Law - Reservation - Government Office Memorandum (G.O.Ms.) issued Government of Andhra Pradesh providing for 100% reservation in favour of local scheduled tribal candidates for the post of teacher in all schools situated in Scheduled Areas was held to be unconstitutional. India Law Library Docid # 1603277
(7) TATA MOTORS LIMITED Vs. THE BRIHAN MUMBAI ELECTRIC SUPPLY & TRANSPORT UNDERTAKING (BEST) AND OTHERS [SUPREME COURT OF INDIA] 19-05-2023 Powers of judicial review in contractual or commercial matters - While invoking power of judicial review in matters as to tenders or award of contracts, certain special features should be borne in mind that evaluations of tenders and awarding of contracts are essentially commercial functions and principles of equity and natural justice stay at a distance in such matters - If the decision relating to award of contract is bona fide and is in public interest, courts will not interfere by exercising India Law Library Docid # 1603278
(8) CENTRAL GST DELHI - III Vs. DELHI INTERNATIONAL AIRPORT LTD [SUPREME COURT OF INDIA] 19-05-2023 Airports Authority of India Act, 1994 - Section 22A - User development fee collected by the airport operation, maintenance and development entities (i.e., the Mumbai International Airport Pvt. Ltd., the Delhi International Airport Pvt. Ltd., and the Hyderabad International Airport Pvt. Ltd.) is not subjected to service tax levy, under the provisions of the Finance Act, 1994. India Law Library Docid # 1603279
(9) NEVILLE DADI MASTER @ NEVILLE MASTER Vs. THE STATE OF WEST BENGAL AND ANOTHER [SUPREME COURT OF INDIA] 19-05-2023 Penal Code, 1860 (IPC) - Sections 419, 353, 447 and 120B - Discharge - Unlawfully entered the chamber of a civil judge and took photographs of case records from mobile phone - Senior counsel appearing for the appellant fervently urged the Court to allow the appellant to meet the second respondent and tender his unqualified apology for the conduct complained of in the complaint - Bearing in mind that offences under sections 447 and 419 of the Cr. P.C. are compoundable coupled with the satisfactio India Law Library Docid # 1603280
(10) RAMESH CHANDRA VAISHYA Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 19-05-2023 Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 323 and 504 - Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(x) - Quashing of charge-sheet - Voluntarily causing hurt - There is no material worthy of consideration in this behalf except a bald statement that the complainant sustained multiple injuries "in his hand and other body parts" - If indeed the complainant's version were to be believed, the IO ought to hav India Law Library Docid # 1603281
(11) MANSI KHATRI Vs. GAURAV KHATRI [SUPREME COURT OF INDIA] 19-05-2023 Hindu Marriage Act, 1955 - Section 13(1) - Constitution of India, 1950 - Article 142 - Transfer of Divorce Petition - Parties have suffered an irretrievable breakdown of marriage and hence, in order provide complete justice, the this Court exercised the power under Article 142 of the Constitution of India to grant mutual consent divorce to the parties and also closed all cases filed by the parties against each other. India Law Library Docid # 1603282
(12) PRAKASH NISHAD @ KEWAT ZINAK NISHAD Vs. STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 19-05-2023 Penal Code, 1860 (IPC) - Sections 376, 377, 302 and 201 - Death Sentence - Acquittal - Rape and murder of a six-year-old, after committing which he had thrown her body in a drain in an attempt to destroy evidence - DNA evidence by way of a report was present, its reliability is not infallible, especially not so in light of the fact that the uncompromised nature of such evidence cannot be established; and other that cogent evidence as can be seen from our discussion above, is absent almost in its India Law Library Docid # 1603283
(13) K C NINAN Vs. KERALA STATE ELECTRICITY BOARD AND OTHERS [SUPREME COURT OF INDIA] 19-05-2023 Electricity Act 2003 - A condition enabling the distribution licensee to insist on the clearance of the arrears of electricity dues of the previous consumer before resuming electricity supply to the premises is valid and permissible under the scheme of the 2003 Act. India Law Library Docid # 1603286
(14) SENTHILBALAJI V. @APPELLLANT Vs. A.P. GEETHA AND OTHERS [SUPREME COURT OF INDIA] 19-05-2023 Election Law - Allegation of corrupt practice - As material facts regarding allegations of corrupt practice have not been pleaded, the election petition does not disclose any cause of action as far as the ground of corrupt practice is concerned. India Law Library Docid # 1603287
(15) K.J. SOMAIYA MEDICAL COLLEGE AND RESEARCH CENTRE AND ANOTHER Vs. MAHARASHTRA UNIVERSITY OF HEALTH SCIENCES AND OTHERS ETC. [SUPREME COURT OF INDIA] 19-05-2023 Service Law - Appointment to post of lecturer - Appellants agreed that the three lecturers were duly qualified in terms of the Rules existing at the time of their respective appointments and that the 3rd respondent-the Medical Council of India permitted them to do the teaching job till the Medical College was affiliated to the 1st respondent-University in the year 1998 - As this was a clear concession made by the appellants themselves, the High Court was right in not accepting the contention of India Law Library Docid # 1603288
(16) ALL INDIA JUDGES ASSOCIATION Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 19-05-2023 Judicial Service - Judicial officers Pension - In the case of payment of arrears of pay, this Court had by Orders dated 27.07.2022 and 18.01.2023 already directed that all arrears of pay be cleared by 30.06.2023 - In this regard, it is directed that compliance affidavits must be filed by all States and Union Territories by 30.07.2023 that the arrears of pay have been positively credited into the accounts of the concerned officers - The revised rates of pension, which have been approved by this C India Law Library Docid # 1603276
(17) THE ANIMAL WELFARE BOARD OF INDIA AND OTHERS Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 18-05-2023 Prevention of Cruelty to Animals Act, 1960 - Sections 3, 11(1)(a) and (m) - Validity of amendments made by Tamil Nadu to Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017, thereby permitting bovine sport 'Jallikattu' and 'Bullock Cart Race' is upheld - Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017 does not go contrary to the Articles 51-A (g) and 51-A(h) and it does not violate the provisions of Articles 14 and 21 of the Constitution of India - Tamil Nadu Amen India Law Library Docid # 1603230
(18) ARTI DIXIT AND ANOTHER Vs. SUSHIL KUMAR MISHRA AND OTHERS [SUPREME COURT OF INDIA] 18-05-2023 Provincial Small Cause Courts Act, 1887 - Section 17 - Security furnished in the form of the rented shop belonging to a third party cannot be accepted as security in law - If security is given, which is later found to be unacceptable even if it is within 30 days within the meaning of Article 123 of the Limitation Act, then it would not be complying with Section 17. India Law Library Docid # 1603231
(19) CHANCHALPATI DAS AND ANOTHER Vs. THE STATE OF WEST BENGAL AND ANOTHER [SUPREME COURT OF INDIA] 18-05-2023 Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 468, 471, 406 and 120-B - Quashing of criminal complaint - Theft of bus - Unexplained inordinate delay must be taken into consideration as a very crucial factor and ground for quashing a criminal complaint - There remains no shadow of doubt that the complaint filed by the complainant after an inordinate unexplained delay of eight years was nothing but sheer misuse and abuse of the process of law to settle the India Law Library Docid # 1603232
(20) SAKSHI ARHA Vs. THE RAJASTHAN HIGH COURT AND OTHERS [SUPREME COURT OF INDIA] 18-05-2023 The present batch of appellants before us are the members of Other Backward Classes (Non-Creamy Layer i.e., NCL); More Backward Class (NCL) and from the category of Economically Weaker Section (EWS), finally qualified in the selection process held for the post of Civil Judge pursuant to an advertisement issued by the respondent dated 22nd July, 2021 India Law Library Docid # 1603233