(901) BHIM RAO BASWANTH RAO PATIL Vs. K. MADAN MOHAN RAO AND OTHERS [SUPREME COURT OF INDIA] 24-07-2023 Right to vote - Voter's right to know about the full background of a candidate is an added dimension to the rich tapestry of our constitutional jurisprudence - Democracy has been held to be a part of one of the essential features of the Constitution. Yet, somewhat paradoxically, the right to vote has not been recognized as a Fundamental Right yet; it was termed as a "mere" statutory right - Right to vote, based on an informed choice, is a crucial component of the essence of democracy. India Law Library Docid # 1603389
(902) ROHIT BISHNOI Vs. THE STATE OF RAJASTHAN AND ANOTHER [SUPREME COURT OF INDIA] 24-07-2023 A. Penal Code, 1860 (IPC) - Section 302 read with Section 34 - Arms Act, 1959 - Section 3 read with Sections 25 and 27 - Murder - Cancellation of Bail - While considering an application for grant of bail, a prima-facie conclusion must be supported by reasons and must be arrived at after having regard to the vital facts of the case brought on record - Due consideration must be given to facts suggestive of the nature of crime, the criminal antecedents of the accused, if any, and the nature of puni India Law Library Docid # 1603390
(903) SHATRUGHAN Vs. THE STATE OF CHHATTISGARH [SUPREME COURT OF INDIA] 20-07-2023 Penal Code, 1860 (IPC) - Section 302 - Murder - Acquittal - Once there is no eye-witness of the incident the prosecution will have to establish a motive for the commission of the crime inasmuch as in a case of direct evidence, motive may not have a major role - If there is no motive setup or proved and there are direct eyewitnesses, motive may loose its importance but in the present case as admittedly no one has seen the occurrence, the motive has an important role to play - Conviction and sente India Law Library Docid # 1603383
(904) ANBAZHAGAN Vs. THE STATE REPRESENTED BY THE INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 20-07-2023 Penal Code, 1860 (IPC) - Sections 300, 304-I and 304-II - Culpable homicide not amounting to murder - Alteration in sentence - Difference between the two parts of Section 304 of the IPC is that under the first part, the crime of murder is first established and the accused is then given the benefit of one of the exceptions to Section 300 of the IPC, while under the second part, the crime of murder is never established at all - When accused struck the deceased with the weapon of offence, he inten India Law Library Docid # 1603384
(905) GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 20-07-2023 Constitution of India, 1950 - Articles 239-AA(3)(b) and 239-AA(7) - Constitutional validity of Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 - Challenged - What are the contours of the power of Parliament to enact a law under Article 239-AA(7) and Whether Parliament in the exercise of its power under Article 239-AA(7) can abrogate the constitutional principles of governance for National Capital Territory of Delhi (NCTD) - Substantial question of law - Reference to India Law Library Docid # 1603385
(906) BOINI MAHIPAL AND ANOTHER Vs. STATE OF TELANGANA [SUPREME COURT OF INDIA] 19-07-2023 Penal Code, 1860 (IPC) - Section 323 and 34 - Voluntarily causing hurt with common intention - Acquittal - No direct involvement in the assault - Conviction of under Section 323 read with Section 34 of IPC cannot be sustained. India Law Library Docid # 1603382
(907) TEESTA ATUL SETALVAD Vs. STATE OF GUJARAT [SUPREME COURT OF INDIA] 19-07-2023 Penal Code, 1860 (IPC) - Sections 468, 469, 471, 194, 211, 218 and 120B - 2002 Gujarat Riots - Fabrication of false evidence - Attempt to convict innocent citizens - Bail - Factors which are required to be taken into consideration at the stage of grant of bail are - (i) prima facie case, (ii) the possibility of the accused tampering with the evidence or influencing the witnesses, and (iii) the possibility of the accused fleeing away from the hands of justice - Consideration which weighed with th India Law Library Docid # 1603388
(908) TRILOK SINGH Vs. MANAGER CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD [SUPREME COURT OF INDIA] 18-07-2023 Leave granted. The appellant preferred this appeal questioning the validity of the order dtd. 17/4/2018 passed by the National Consumer Disputes Redressal Commission (hereinafter referred to as NCDRC for brevity) in Revision Petition No. 2637 of 2016 confirming the order of the Consumer Disputes Redressal Commission, Pandri, Raipur (hereinafter referred to as State Commission for brevity) dtd. 20/7/2016 by which, the order passed by the District Consumer Disputes Redressal Forum, Durg (C.G.) (he India Law Library Docid # 1880166
(909) STATE OF UTTAR PRADESH Vs. MOHD. AFZAL AND OTHERS [SUPREME COURT OF INDIA] 18-07-2023 Criminal Procedure Code, 1973 (CrPC) - Section 438 India Law Library Docid # 1880360
(910) STATE OF BIHAR AND OTHERS Vs. GHANSHYAM PRASAD SINGH [SUPREME COURT OF INDIA] 18-07-2023 Shri. A.N.S. Nadkarni, learned senior counsel submits that in spite of a detailed affidavit of compliance being placed, the Division Bench has passed the aforesaid order. He has placed on record the order(s) passed by the Bench consisting of one of the learned Judges in 143 matters wherein the Senior Officers of the State Government have been directed to personally appear. India Law Library Docid # 1880856
(911) UNION OF INDIA AND OTHERS Vs. JAGDISH CHANDRA SETHY [SUPREME COURT OF INDIA] 18-07-2023 The impugned judgment relies upon the decision of this Court in "Ravi Malik v. National Film Development Corporation Limited and Ors."[1], to hold that a retired public servant could not have been appointed as an inquiry officer. However, the aforesaid decision is founded on the language of Rule 23(b) of the Services Rules and Regulations, 1982 of the National Film Development Corporation Limited, which specifically stipulates that the disciplinary authority may inquire or appoint any public ser India Law Library Docid # 1880888
(912) STATE OF UTTAR PRADESH Vs. MOHD. AFZAL AND OTHERS [SUPREME COURT OF INDIA] 18-07-2023 We are amazed to see the order passed by the learned Single Judge of the High Court of Judicature at Allahabad. The respondents-herein (applicant(s) before the High Court) had filed an application for grant of anticipatory bail. India Law Library Docid # 1880862
(913) YASHODHAN SINGH AND OTHERS Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 18-07-2023 Criminal Procedure Code, 1973 (CrPC) - Section 319 - Summoning of additional accused - A summoned person must be given an opportunity of being heard before being added as an accused to face the trial is clearly not contemplated under Section 319 Cr.P.C. India Law Library Docid # 1603410
(914) 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
(915) 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
(916) 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
(917) 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
(918) 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
(919) 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
(920) 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