(921) 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
(922) 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
(923) 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
(924) 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
(925) 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
(926) 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
(927) 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
(928) 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
(929) 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
(930) 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
(931) 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
(932) 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
(933) 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
(934) JEYARANI Vs. MANAGER BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD [SUPREME COURT OF INDIA] 10-07-2023 Leave granted The appellants are before this Court seeking enhancement of the compensation as against the sum awarded by the Motor Accidents Claims Tribunal (for short MACT). The fact that an accident had occurred on 21/11/2013, is not in dispute. The MACT, through its award dtd. 17/2/2017, had awarded a sum of Rs.9,97,600.00 towards compensation. Aggrieved by the said compensation being awarded, the Insurance Company as also the claimants were before the High Court. The High Court through its c India Law Library Docid # 1880141
(935) PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL) Vs. KING BUILDCON PVT. LTD. [SUPREME COURT OF INDIA] 10-07-2023 Income Tax Act, 1961 - Sections 147 and 148 – Absence of incriminating material during the search - The appeal is against the High Court of Delhi's judgment dated 22.4.2022 in ITA No. 100/2022 - The case involves issues covered by the decision in Municipal Commissioner of Income Tax v. Abhisar Buildwell Pvt. Ltd - The Principal Commissioner of Income Tax argued based on the absence of incriminating material during the search - The court dismissed the appeal, referencing the decision in Abhisar' India Law Library Docid # 1882490
(936) PAWAN BHASIN Vs. STATE OF U.P. AND ANOTHER [SUPREME COURT OF INDIA] 07-07-2023 The question which appellant urges is regarding tenability of the trial courts order of 24.05.2022 whereby he was directed to deposit 10% of the amount of a dishonored cheque under Section 143A of the Negotiable Instruments Act, 1881. The appellant argues that the order requiring such deposit was made by the Magistrate at a stage prior to when notice under Section 251 was sent to the accused petitioner. India Law Library Docid # 1878046
(937) PAWAN BHASIN Vs. STATE OF U.P. AND ANOTHER [SUPREME COURT OF INDIA] 07-07-2023 The question which appellant urges is regarding tenability of the trial courts order of 24.05.2022 whereby he was directed to deposit 10% of the amount of a dishonored cheque under Section 143A of the Negotiable Instruments Act, 1881. The appellant argues that the order requiring such deposit was made by the Magistrate at a stage prior to when notice under Section 251 was sent to the accused petitioner. India Law Library Docid # 1877741
(938) PAWAN BHASIN Vs. STATE OF U.P. AND ANOTHER [SUPREME COURT OF INDIA] 07-07-2023 The question which appellant urges is regarding tenability of the trial courts order of 24.05.2022 whereby he was directed to deposit 10% of the amount of a dishonored cheque under Section 143A of the Negotiable Instruments Act, 1881. The appellant argues that the order requiring such deposit was made by the Magistrate at a stage prior to when notice under Section 251 was sent to the accused petitioner. India Law Library Docid # 1877661
(939) PRATIBHA MANCHANDA AND ANOTHER Vs. STATE OF HARYANA AND ANOTHER [SUPREME COURT OF INDIA] 07-07-2023 Criminal Procedure Code, 1973 (CrPC) - Section 438 - Penal Code, 1860 (IPC) - Sections 406, 420, 467, 468, 471 and 120B - Anticipatory Bail - Forging documents for transferring ownership of land worth crores of rupees - Custodial interrogation - Right to liberty and presumption of innocence are vital, the court must also consider the gravity of the offence, the impact on society, and the need for a fair and free investigation - Court's discretion in weighing these interests in the facts and cir India Law Library Docid # 1603367
(940) SRI LAKSHMANA GOWDA B.N. Vs. THE ORIENTAL INSURANCE CO. LTD. CO. LTD. AND ANOTHER [SUPREME COURT OF INDIA] 07-07-2023 Motor Vehicles Act, 1988 - Sections 166 and 173(1) - Enhancement of compensation - Injuries in accident - Claimant has suffered 75% whole body disability - Claimant working as Marketing Executive and earning salary of Rs. 8,000/- p.m. - Tribunal and the High Court fell in error in construing the income of the claimant at Rs. 3,000/- p.m. instead of Rs. 8,000/- p.m. - In the light of the compensation awarded towards 'Loss of Future Income' the sum of Rs. 60,000/- awarded by the Tribunal under the India Law Library Docid # 1603368