(901) P. YUVAPRAKASH Vs. STATE REP. BY INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 18-07-2023 Juvenile Justice (Care and Protection of Children) Act, 2015 - Section 94 - Protection of Children from Sexual Offences Act, 2012 - Section 34 - Determination of age of victim - Mere school transfer certificate could not been relied for determination of age of victim - Section 94(2)(iii) of the JJ Act clearly indicates that the date of birth certificate from the school or matriculation or equivalent certificate by the concerned examination board has to be firstly preferred in the absence of whic India Law Library Docid # 1603381
(902) THE STATE OF GUJARAT ETC. Vs. CHOODAMANI PARMESHWARAN IYER AND ANOTHER ETC. [SUPREME COURT OF INDIA] 17-07-2023 Criminal Procedure Code, 1908 (CrPC) - Section 438 - Central Goods and Service Tax Act, 2017 - Section 69 - If any person is summoned under Section 69 of the CGST Act, 2017 for the purpose of recording of his statement, the provisions of Section 438 of Criminal Procedure Code, 1908 cannot be invoked. India Law Library Docid # 1603660
(903) ARVIND KUMAR Vs. STATE OF NCT, DELHI [SUPREME COURT OF INDIA] 17-07-2023 Penal Code, 1860 (IPC) - Section 304A - Causing death by negligence - Accidental firing of five rounds from (SemiAutomatic Fire) SAF Carbine and deceased got five rounds of bullets in his neck - Police personnel present rushed the deceased to a hospital where he was declared dead - When the appellant approached the deceased to stop him from using the telephone, he was aware that the change lever was not in a safety position, it is not possible to attribute knowledge to him that by his failure to India Law Library Docid # 1603377
(904) PASCHIMANCHAL VIDYUT VITRAN NIGAM LTD. Vs. RAMAN ISPAT PRIVATE LIMITED & OTHERS [SUPREME COURT OF INDIA] 17-07-2023 Insolvency and Bankruptcy Code, 2016 - Section 238 - Electricity Act, 2003 - Sections 173 and 174 - Provisions of IBC to override other laws - Section 238 of the IBC overrides the provisions of the Electricity Act, 2003 despite the latter containing two specific provisions which open with non-obstante clauses (i.e., Section 173 and 174). India Law Library Docid # 1603378
(905) INDRA BAI Vs. ORIENTAL INSURANCE COMPANY LTD. & ANOTHER [SUPREME COURT OF INDIA] 17-07-2023 Employee Compensation Act, 1923 - Section 2(1)(l) and 4(1)(b) - Determination of disability - If the disablement incurred in an accident incapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such disablement, the disablement would be taken as total for the purposes of award of compensation under section 4(1)(b) of the Act regardless of the injury sustained being not one as specified in Part I of Schedule I of the Act - The proviso to cla India Law Library Docid # 1603379
(906) CENTRAL BUREAU OF INVESTIGATION Vs. SHYAM BIHARI AND OTHERS [SUPREME COURT OF INDIA] 17-07-2023 Criminal Procedure Code, 1973 (CrPC) - Section 378 - Appeal against acquittal - Appellate court must not interfere with an order of acquittal merely because a contrary view is permissible, particularly, where the view taken by the trial court is a plausible view based on proper appreciation of evidence and is not vitiated by ignorance/misreading of relevant evidence on record India Law Library Docid # 1603380
(907) RABI PRAKASH Vs. THE STATE OF ODISHA [SUPREME COURT OF INDIA] 13-07-2023 The petitioner seeks his enlargement on bail in P.S.Case No.91 of 2019, registered at Police Station Semiliguda, District Koraput, out of which T.R.Case No.27 of 2019 is pending in the in the Court of Addl.Sessions Judge-cum-Special Judge, Koraput, for commission of offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, `the NDPS Act). India Law Library Docid # 1877750
(908) BHAGIRATHI DEVI Vs. RAFIQ KHAN [SUPREME COURT OF INDIA] 13-07-2023 The petitioners are wife and children of the deceased - Anil Kumar, who unfortunately met with a road accident on 17/10/2015 and was crushed under the crane, resulting into his instant death at the spot. The accident took place within the jurisdictional area of Panaji, Goa where FIR No.317 of 2015 was registered under Sec. 279, 304A of the Indian Penal Code, 1860. Thereafter, the petitioners filed the Claim Petition seeking statutory compensation under Sec. 166 of the Motor Vehicles Act, 1988. W India Law Library Docid # 1880142
(909) DELHI DEVELOPMENT AUTHORITY Vs. JAGAN SINGH & OTHERS [SUPREME COURT OF INDIA] 13-07-2023 Right to Fair Compensation Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Once the acquisition under Land Acquisition Act 1894 continues to be valid, the claimant is disentitled to claim compensation in terms of the Right to Fair Compensation Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 which was not applicable to the acquisition. India Law Library Docid # 1603374
(910) MATHEW ALEXANDER Vs. MOHAMMED SHAFI AND ANOTHER [SUPREME COURT OF INDIA] 13-07-2023 Motor Vehicles Act, 1988 - Section 166 - Accident - Standard of proof - Standard of proof beyond reasonable doubt cannot be applied while considering the petition seeking compensation on account of death or injury in a road traffic accident. India Law Library Docid # 1603375
(911) MANGILAL Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 12-07-2023 The Additional Sessions Judge, Special Court NDPS, Jaora, District Ratlam, Madhya Pradesh, convicted the appellant and sentenced him to undergo rigorous imprisonment for 10 years. It was accordingly confirmed by the High Court of Madhya Pradesh. Aggrieved, the present appeal is filed. India Law Library Docid # 1878048
(912) MANGILAL Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 12-07-2023 The appellant stood charged and convicted under Section 8(b) read with Section 15(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act). The Additional Sessions Judge, Special Court NDPS, Jaora, District Ratlam, Madhya Pradesh, convicted the appellant and sentenced him to undergo rigorous imprisonment for 10 years. It was accordingly confirmed by the High Court of Madhya Pradesh. Aggrieved, the present appeal is filed. India Law Library Docid # 1877723
(913) SIVANANDAN C T AND OTHERS Vs. HIGH COURT OF KERALA AND OTHERS [SUPREME COURT OF INDIA] 12-07-2023 On 14 November 2017, a Bench of two Judges of this Court referred a batch of four petitions, which invoked the jurisdiction of this Court under Article 32 of the Constitution, to the Constitution Bench in Sivanandan C T v. High Court of Kerala, (2018) 1 SCC 239. Eleven petitioners are before this Court, all of whom are candidates aspiring to be selected as District Judges in the Higher Judicial Service of the State of Kerala. India Law Library Docid # 1603484
(914) STATE OF ORISSA AND ANOTHER Vs. LAXMI NARAYAN DAS (DEAD) THR. LRS AND OTHERS [SUPREME COURT OF INDIA] 12-07-2023 Constitution of India, 1950 - Article 226 - Delay and laches - Relief to person - A person aggrieved by an order of promoting a junior over his head should approach the court at least within six months or at the most a year of such promotion - It is not that there is any period of limitation for the Courts to exercise their powers under Article 226 nor is it that there can never be a case where the Courts cannot interfere in a matter after the passage of a certain length of time, but it should b India Law Library Docid # 1603373
(915) GANGA PRASAD RATNAKAR Vs. FANINDRA KUMAR CHANDRA [SUPREME COURT OF INDIA] 11-07-2023 These appeals take exception to the judgment and order dated 23rd September 2022 passed by the High Court of Chhattisgarh at Bilaspur in acquittal appeals being ACQA Nos. 333 and 304 of 2019, whereby the High Court has reversed the order passed by the learned Judicial Magistrate, First Class, Jaijaipur, District Janjgir Champa (C.G.) dated 2nd January 2019. India Law Library Docid # 1880857
(916) PRIYA PRAMOD GAJBE Vs. THE STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 11-07-2023 This appeal challenges the judgment and order passed by the Division Bench of the High Court of Bombay dated 22nd December 2018, thereby dismissing the petition filed by the appellant challenging the order passed by the Scheduled Tribe Caste Certificate Scrutiny Committee, Kokan Division, Thane (for short, 'the Scrutiny Committee') dated 12th December 2017, thereby invalidating the claim of the appellant that she belongs to 'Mana' Scheduled Tribe. India Law Library Docid # 1880890
(917) GANGA PRASAD RATNAKAR Vs. FANINDRA KUMAR CHANDRA[SUPREME COURT OF INDIA] 11-07-2023 Negotiable Instruments Act, 1881 (NI) - Section 138 - Dishonour of Cheque - Acquittal - When a cheque is neither issued by the appellant nor drawn on a bank wherein he has an account, there could not have been a question of liability on the appellant - Order of the Trial Court acquitting the appellant is confirmed. India Law Library Docid # 1880894
(918) GANGA PRASAD RATNAKAR Vs. FANINDRA KUMAR CHANDRA [SUPREME COURT OF INDIA ] 11-07-2023 These appeals take exception to the judgment and order dated 23rd September 2022 passed by the High Court of Chhattisgarh at Bilaspur in acquittal appeals being ACQA Nos. 333 and 304 of 2019, whereby the High Court has reversed the order passed by the learned Judicial Magistrate, First Class, Jaijaipur, District Janjgir Champa (C.G.) dated 2nd January 2019. The learned Judicial Magistrate had acquitted the present appellant for the offence punishable under Section 138 of the Negotiable Instrumen India Law Library Docid # 1882001
(919) RAVI KHANDELWAL Vs. M/S. TALUKA STORES [SUPREME COURT OF INDIA] 11-07-2023 Rajasthan Premises (Control of Rent and Eviction) Act, 1950 - Section 14(3) - Suit for eviction on grounds of bona fide necessity - Objective of Section 14(3) of the Act, being the safeguarding of the tenant for five years, was sub-served by the proceedings going on for the requisite period of time and beyond it within which the tenant could not have been evicted - As noticed, in fact the proceedings have gone on for 38 years, which itself is extraordinary - Rajasthan Premises (Control of Rent a India Law Library Docid # 1603371
(920) DR. JAYA THAKUR Vs. UNION OF INDIA & OTHERS [SUPREME COURT OF INDIA] 11-07-2023 Central Vigilance Commission Act, 2003 - Section 25 - General Clauses Act, 1897 - Section 21 - Appointment of Director of Enforcement - Extension - It is not at the sweet-will of the Government that the extensions can be granted to the incumbents in the office of the Director of CBI/Director of Enforcement - It is only on the basis of the recommendations of the Committees which are constituted to recommend their appointment and that too when it is found in public interest and when the reasons ar India Law Library Docid # 1603372