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THE BHARATIYA SAKSHYA ADHINIYAM, 2023
THE BHARATIYA NYAYA SANHITA, 2023
THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
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(961) THEIR WORKMEN THROUGH THE JOINT SECRETARY (WELFARE), FOOD CORPORATION OF INDIA EXECUTIVE STAFF UNION. Vs. EMPLOYER IN RELATION TO THE MANAGEMENT OF THE FOOD CORPORATION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 03-07-2023
Service Law - Challenge to Award - Management can no longer claim an indefeasible right to continue with and canvass its challenge to the Award, merely because it made its compliance with the Award conditional long ago.
India Law Library Docid # 1603345

(962) DAVINDER SINGH Vs. STATE OF PUNJAB [SUPREME COURT OF INDIA] 22-06-2023
Penal Code, 1860 (IPC) - Sections 376, 452 and 506 - Rape - Non-examination of material witness - If a material witness, who would unfold the genesis of the incident or an essential part of the prosecution case, not convincingly brought to fore otherwise, or where there is a gap or infirmity in the prosecution case which could have been supplied or made good by examining a witness who though available is not examined, the prosecution case can be termed as suffering from a deficiency and withhold
India Law Library Docid # 1603343

(963) UNION OF INDIA AND ANOTHER Vs. DEVIKA KALPESHKUMAR CHAUHAN [SUPREME COURT OF INDIA] 22-06-2023
Review Petition - There was a total delay of 868 days in preferring the petition for review of order - No explanation for long delay in filing - Review Petition dismissed.
India Law Library Docid # 1603333

(964) BANK OF BARODA AND OTHERS Vs. BALJIT SINGH [SUPREME COURT OF INDIA] 21-06-2023
Service Law - Compassionate appointment - If the monthly income is less than 60% of the total emoluments (which the deceased was drawing at the time of death) less Tax @ 15% (if the income is more than Rs. 10,000/- p.m.) the case for compassionate appointment can be considered - Deceased employee and his dependents that the income of the widow of the deceased was Rs. 6,845/- per month (basic pay of Rs. 4140/- per month) as she was employed in the Health Department of the State Government, and he
India Law Library Docid # 1603336

(965) STATE OF PUNJAB Vs. KEWAL KRISHAN [SUPREME COURT OF INDIA] 21-06-2023
Penal Code, 1860 (IPC) - Section 302 - Murder - Circumstantial evidence - In a case based on circumstantial evidence not only do each of the incriminating circumstances have to be proved beyond reasonable doubt but those incriminating circumstances must constitute a chain so far complete that there is no escape from the conclusion that within all human probability it is the accused who has committed the crime and further, cumulatively, they must exclude all hypotheses consistent with the innocen
India Law Library Docid # 1603340

(966) SARLA AMRITBHAI MOMAYA DECEASED AND ANOTHER Vs. VINAYAK GOVIND SANDU AND OTHERS [SUPREME COURT OF INDIA] 20-06-2023
We have heard learned counsel for the petitioners as well as learned counsel for respondents and perused the material placed on record. In our considered view, no case to interfere with the impugned order dated 16-02-2023 passed by the High Court of Judicature at Bombay, is made out.
India Law Library Docid # 1603331

(967) THE STATE OF WEST BENGAL AND OTHERS Vs. SUVENDU ADHIKARI AND OTHERS [SUPREME COURT OF INDIA] 20-06-2023
Conduct of free and fair elections - Central forces would act in an appropriate manner bearing in mind the emerging situations and for aiding in a free and fair conduct of election in the State - Democratic nations burgeon on the strength of purity and impartiality in elections and India, being a colossal democracy demands such a process - Democracy being the basic feature of our constitutional set-up, there can be no two opinions that free and fair elections to our legislative bodies alone woul
India Law Library Docid # 1603335

(968) GREATER MALWA PARAMEDICAL COLLEGE Vs. THE STATE OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 16-06-2023
Opportunity to participate in the proceedings and make submissions - It open for the Division Bench to ensure giving appropriate opportunity and time to the appellants to make submissions before the Division Bench and thereafter appropriate orders may be passed as the Division Bench may deem fit after hearing learned counsel for the appellants - Appeal allowed.
India Law Library Docid # 1603328

(969) MOHD. MUSLIM Vs. STATE OF UTTAR PRADESH (NOW UTTARAKHAND) [SUPREME COURT OF INDIA] 15-06-2023
Penal Code, 1860 (IPC) - Section 302 - Criminal Procedure Code, 1973 (CrPC) - Section 313 - Murder - Benefit of doubt - Eye witness failed to divulge anything material regarding the alleged assault or that the accused appellants were the persons who assaulted the deceased - In the absence of any credible eye witness to the incident and the fact that the presence of the accused appellants at the place of incident is not well established - Constrained to accord benefit of doubt to both the accused
India Law Library Docid # 1603312

(970) COAL INDIA LIMITED AND ANOTHER Vs. COMPETITION COMMISSION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 15-06-2023
Competition Act, 2002 - Constitution of India, 1950 - Article 39(b) - Coal Mines (Nationalisation) Act, 1973 - Section 28 - Competition Act, 2022 apply to Coal Mines (Nationalisation) Act, 1973 - Nationalisation Act cannot be reconciled with the Competition Act, 2002 - Nationalisation Act itself was intended to achieve the goals in Article 39(b) of the Constitution - This means that the Nationalisation Act contemplated coal to be a material resource and it was to be distributed so as to subserve
India Law Library Docid # 1603319

(971) HASMUKHLAL MADHAVLAL PATEL AND ANR. Vs. AMBIKA FOOD PRODUCTS PVT. LTD. AND OTHERS [SUPREME COURT OF INDIA] 15-06-2023
Paid-up capital - Purpose of the Board of Directors to increase the capital has been admittedly found to be bona fide - An incidental gain, namely the change in the shareholding pattern is entirely the inevitable result of the refusal of the respondent's groups to apply - This Court cannot proceed on the basis that the appellants foresaw and deliberately planned the whole affair - If only the respondents had applied, the situation would not have happened - Purported object was shown as generatin
India Law Library Docid # 1603321

(972) M/S TRINITY INFRAVENTURES LTD. & ORS. ETC. Vs. M.S. MURTHY & ORS. ETC. [SUPREME COURT OF INDIA] 15-06-2023
A simple suit for partition cannot be binding on third parties - No party to a suit for partition, even by way of compromise, can acquire any title to any specific item of property or any particular portion of a specific property, if such a compromise is struck only with a few parties to the suit.

B. Civil Procedure Code, 1908 (CPC) - Order 6 Rule 4
India Law Library Docid # 1603322

(973) A. SRINIVASULU Vs. THE STATE REP. BY THE INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 15-06-2023
Criminal Procedure Code, 19073 (CrPC) - Section 306(4)(a) - Prevention of Corruption Act, 1988 - Section 5(2) - In cases where the Special Court decides to proceed with a case under Section 5(2) of the Prevention of Corruption Act, there is no need to consider the requirement of the approver being examined as a witness in the Magistrate's Court according to Section 306(4)(a).
India Law Library Docid # 1603323

(974) STATION SUPERINTENDENT AND ANOTHER Vs. SURENDER BHOLA [SUPREME COURT OF INDIA] 15-06-2023
Railways Service - Theft of passenger belongings - Railways cannot be held responsible - Order of reimburse the stolen amount of cash to the passenger set aside - Appeal allowed.
India Law Library Docid # 1603342

(975) AISH MOHAMMAD Vs. STATE OF HARYANA AND OTHERS ; R1: STATE OF HARYANA; R2: DIRECTOR GENERAL OF POLICE (HARYANA), PANCHKULA; R3: INSPECTOR GENERAL OF POLICE, GURGAON; R4: SENIOR SUPERINTENDENT OF POLICE, GURGAON; R5: INSPECTOR GENERAL OF POLICE, FARIDABAD; R6: SUPERINTENDENT OF POLICE, NUH; R7: SUPERINTENDENT OF POLICE, PALWAL[SUPREME COURT OF INDIA] 14-06-2023
Punjab Civil Services Rules, 1934 - Rule 3.26(d) - Punjab Police Rules, 1934 - Rule 8.18 - Compulsory retirement - For a person in uniformed service, like the police, adverse entry relating to his/her integrity and conduct is to be adjudged by the superior authority(ies) who record and approve such entry - Personnel having such remarks being compulsorily retired as per the statutory provisions under the Punjab Civil Services Rules, 1934, in the instant facts, is not an action this Court would li
India Law Library Docid # 1603320

(976) M/S.REVATHI ENTERPRISES REP. BY ITS PARTNER MR. R. SRINIVASAN Vs. M/S. GOEL INDUSTRIES REP. BY ITS PROPRIETOR MR. RAM NIVAS GOEL [SUPREME COURT OF INDIA] 14-06-2023
Arbitration and Conciliation Act, 1996 - Section 11(6) - Appointment of arbitrator - Once the Division Bench had granted liberty to the parties to approach for appointment of fresh arbitrator, and the Court having exercised its powers under Section 11(6) of the Arbitration and Conciliation Act, 1996, no fault can be found in the same.
India Law Library Docid # 1603334

(977) LAXMAN PRASAD @ LAXMAN Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 14-06-2023
Penal Code, 1860 (IPC) - Section 302 - Murder - Circumstantial evidence - Acquittal - In a case of circumstantial evidence, the chain has to be complete in all respects so as to indicate the guilt of the accused and also exclude any other theory of the crime - Conviction and sentence set-aside - Appeal allowed.
India Law Library Docid # 1603339

(978) GOVERNMENT OF NCT OF DELHI & ORS. Vs. ROPPEN TRANSPORTATION SERVICES PVT. LTD. AND OTHERS [SUPREME COURT OF INDIA] 12-06-2023
Bike taxi operations in Delhi - Stayed - Without proper licence or permit and plying of such non­transport vehicles for hire or reward is in violation of registration condition - No doubt that on formulation of the Policy, each application for licence/permit in respect of two­wheelers to be operated through the regime of aggregators, shall be dealt with expeditiously in a time­bound manner.
India Law Library Docid # 1603327

(979) NG. SUBHACHANDRA SINGH Vs. N. JASOBANTA SINGH AND OTHERS [SUPREME COURT OF INDIA] 12-06-2023
Transfer Petition - Order of the Single Judge was by the present Acting Chief Justice, and one of the Members of the Division Bench having recused from hearing the appeal, the difficulty has arisen as the third Judge alone cannot hear the appeal - There being no other option for hearing of the appeals at the High Court of Manipur - It appropriate to transfer the three appeals from High Court of Manipur at Imphal to the Gauhati High Court at Guwahati for due adjudication - Petition allowed.
India Law Library Docid # 1603330

(980) BAR COUNCIL OF INDIA Vs. RABI SAHU AND ANOTHER [SUPREME COURT OF INDIA] 09-06-2023
Advocates Act, 1961 - Section 24(1) - Rule framed by BCI requiring a candidate for enrolment as an Advocate to have completed his law course from a college recognized/ approved by BCI cannot be said to be invalid - Decision of the High Court was not justified in directing the enrolment of respondent No. 1 as an Advocate, despite the fact that he secured his law degree from a college which was not recognized or approved by BCI.
India Law Library Docid # 1603310