(1) SUNDAR @ SUNDARRAJAN Vs. STATE BY INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 21-03-2023 Penal Code, 1860 (IPC) - Sections 364A, 302 and 201 - Kidnapping and murder of 7 years old child - Death sentence - Review of judgment - Crime committed by the petitioner is unquestionably grave and unpardonable, it is not appropriate to affirm the death sentence that was awarded to him - "rarest of rare" doctrine requires that the death sentence not be imposed only by taking into account the grave nature of crime but only if there is no possibility of reformation in a criminal - While weighing India Law Library Docid # 1602922
(2) MAHDOOM BAVA Vs. CENTRAL BUREAU OF INVESTIGATION [SUPREME COURT OF INDIA] 20-03-2023 Though the FIR was lodged on 29.06.2019, none of the accused was ever taken into custody by the respondent-CBI. It appears that all the accused joined the investigation and cooperated with the respondent. Therefore, after the completion of investigation, CBI filed the final report on 31.12.2021. India Law Library Docid # 1602919
(3) GPSK CAPITAL PRIVATE LIMITED (FORMERLY KNOWN AS MANTRI FINANCE LIMITED) Vs. THE SECURITIES AND EXCHANGE BOARD OF INDIA [SUPREME COURT OF INDIA] 20-03-2023 The instant appeal has been filed under Section 15(Z) of the Securities and Exchange Board of India Act, 1992(hereinafter being referred to as the “Act 1992”) assailing the judgment and order dated 9th August, 2007 passed by the Securities Appellate Tribunal(hereinafter being referred to as the “Tribunal”) affirming the order of the Securities and Exchange Board of India, Mumbai(hereinafter being referred to as the “Board”) dated 7th May, 2007 holding that the appellant did not satisfy the condi India Law Library Docid # 1602920
(4) CARDINAL MAR GEORGE ALENCHERRY Vs. STATE OF KERALA AND ANOTHER [SUPREME COURT OF INDIA] 17-03-2023 Constitution of India, 1950 - Article 226 - Criminal Procedure Code, 1973 (CrPC) - Section 482 - High Court in its overzealous approach had travelled not only beyond the scope and ambit of Section 482 Cr.P.C and of Article 226 of the Constitution of India, but had crossed all the boundaries of judicial activism and judicial restraint by passing such orders under the guise of doing real and substantial justice - Jurisprudential enthusiasm and wisdom for doing the substantial justice has to be app India Law Library Docid # 1602845
(5) R SUNDARAM Vs. THE TAMIL NADU STATE LEVEL SCRUTINY COMMITTEE AND OTHERS [SUPREME COURT OF INDIA] 17-03-2023 Service Law - Post-retirement benefits - Where employment is based on a fake community certificate the law is settled that post-retirement benefits cannot be granted - A community certificate in cases of scheduled tribe communities, unlike any other piece of paper, is an acknowledgment of a person belonging to a community which has faced years of oppression. The Constitution of India guarantees certain rights to people from Scheduled Tribe communities on grounds of historical injustice, and for India Law Library Docid # 1602846
(6) MS. X Vs. THE STATE OF MAHARASHTRA AND ANOTHER [SUPREME COURT OF INDIA] 17-03-2023 Penal Code, 1860 (IPC) - Sections 354, 354-B, 376 and 506 - Cancellation of anticipatory bail - Respondent No.2/accused, a businessman, who lured her under the garb of offering her some modelling assignments and then forced himself upon her and raped her in a hotel room where she was staying - Even if the first Supplementary statement of the appellant/prosecutrix recorded in the evening hours of 6th August, 2022 the date on which the FIR had been registered against the respondent No.2/accused in India Law Library Docid # 1602848
(7) NEERAJ DUTTA Vs. STATE (GOVT. OF N.C.T. OF DELHI) [SUPREME COURT OF INDIA] 17-03-2023 Prevention of Corruption Act 1988 - Section 7 and Section 13(1)(d) read with Section 13(2) - Illegal gratification - Conviction and sentence - Appeal against - In the absence of evidence of the complainant (direct/primary, oral/ documentary evidence), it is permissible to draw an inferential deduction of culpability/guilt of a public servant under Section 7 and Section 13(1)(d) read with Section 13(2) of the Act based on other evidence adduced by the prosecution - In order to bring home the guil India Law Library Docid # 1602849
(8) ICON EDUCATION SOCIETY Vs. STATE OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 17-03-2023 Constitution of India, 1950 - Article 30(1) - Madhya Pradesh Niji Vyavsayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007 - Section 9 - Setting up a reasonable fee structure is also a component of the right to establish and administer an institution, within the meaning of Article 30(1) of the Constitution, and every institution is free to devise its own fee structure subject to the limitation that there can be no profiteering and no capitation fee can be charged India Law Library Docid # 1602850
(9) STATE OF ORISSA AND ANOTHER Vs. ORISSA KHADI AND VILLAGE INDUSTRIES BOARD KARMACHARI SANGH AND ANOTHER [SUPREME COURT OF INDIA] 17-03-2023 Constitution of India, 1950 - Article 142 - Orissa Khadi and Village Industries Board Regulations, 1960 - Regulation 52 - Retirement benefits - Counsel for the respondents, in all fairness, have made a plea in the last that this Court may exercise the powers under Article 142 of the Constitution of India to fill the gaps and to provide for pensionary benefits to the employees of the Orissa Khadi and Village Industries Board so as to do complete justice - In this regard too, even while respecting India Law Library Docid # 1602851
(10) BHASIN INFOTECH AND INFRASTRUCTURE PRIVATE LTD. Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 17-03-2023 Grant of freehold rights on land - Grant of freehold rights cannot be granted contrary to the terms of allotment and covenants of lease deeds. India Law Library Docid # 1602852
(11) MAHARASHTRA RAJYA PADVIDHAR PRATHAMIK SHIKSHAK VA KENDRA PRAMUKH SABHA Vs. PUNE MUNICIPAL CORPORATION AND OTHERS [SUPREME COURT OF INDIA] 17-03-2023 Maharashtra Municipal Corporation Act, 1949 - Section 3(3)(b) - Whether the inter se seniority of the primary teachers who were appointed in the Zilla Parishad (ZP) and were later on absorbed into Pune Municipal Corporation (PMC), visavis those primary teachers who directly joined PMC, is to be determined in accordance with Section 3(3)(b) of the MMC Act? - Held, The scope of Clause (b) as a provision is meant to facilitate the inclusion of newly added additional areas and to ensure that such India Law Library Docid # 1602853
(12) AFJAL ALI SHA @ ABJAL SHAUKAT SHA Vs. STATE OF WEST BENGAL AND OTHERS [SUPREME COURT OF INDIA] 17-03-2023 Constitution of India, 1950 - Article 139A - Supreme Court Rules, 2013 - Order 39 - Criminal Procedure Code, 1973 - Section 406 - Transfer of criminal trial - Additional Sessions Judge, Purba Medinipur, West Bengal to a competent court in the State of Assam - There is no legal necessity to transfer the trial outside the State of West Bengal and the apprehensions of the Petitioner, some of which are indeed genuine, can be effectively redressed by issuing appropriate directions - More than 90 witn India Law Library Docid # 1602854
(13) VISHALAKSHI AMMA Vs. STATE OF KERALA AND OTHERS [SUPREME COURT OF INDIA] 17-03-2023 Wild Life (Protection) Act, 1972 - Section 40 - Declaration of Wild Life Stock Rules, 2003 - Rule 4(2) - Nobody can plead any ignorance and/or nobody can plead that he had no knowledge to make such declaration and/or application for ownership certificate and that too, within a period of 180 days as per Rule 4(2) of the Rules, 2003 - Therefore, once a person in control, custody or possession of any wildlife animal or wildlife animal article, fails to file such declaration and/or fails to make any India Law Library Docid # 1602855
(14) PRAKASH KUMAR JENA AND OTHERS Vs. THE STATE OF ODISHA AND OTHERS [SUPREME COURT OF INDIA] 17-03-2023 Odisha GroupC & GroupD (Contractual Appointment) Rules, 2013 - Service Law - Salary of Home Guards in State of Odisha - Division Bench of the High Court is not justified in restricting the benefit of the Duty Callup Allowance (DCA) at Rs.533/ per day from January, 2020 - However, at the same time considering the fact that there were 17765 Home Guards working and even as observed by the Commander General / Director General in its recommendation dated 10.11.2016, there will be a financial impl India Law Library Docid # 1602856
(15) INDIAN RAILWAY CONSTRUCTION COMPANY LIMITED Vs. M/S NATIONAL BUILDINGS CONSTRUCTION CORPORATION LIMITED [SUPREME COURT OF INDIA] 17-03-2023 Arbitration and Conciliation Act 1996 - Section 31(7)(a), 34 and 37 - Arbitration award - Unless there is a specific bar under the contract, it is always open for the arbitrator/Arbitral Tribunal to award pendente lite interest - Once it was found that the advance amount was paid for hypothecation of equipment and thereafter when the Arbitral Tribunal awarded the interest on advance for hypothecation of equipment, the same was not required to be interfered with by the learned Single Judge in exe India Law Library Docid # 1602857
(16) STATE OF GUJARAT AND OTHERS Vs. JAYANTIBHAI ISHWARBHAI PATEL [SUPREME COURT OF INDIA] 17-03-2023 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of Acquisition proceedings - Appeal against - Object of providing the deemed lapse of acquisition under Section 24(2) of the Act, 2013 seems to be that if there is any lapse on the part of the Acquiring Body / agency in not taking the possession and not paying the compensation there shall be deemed lapse of acquisition India Law Library Docid # 1602858
(17) MODI RUBBER LIMITED Vs. CONTINENTAL CARBON INDIA LIMITED [SUPREME COURT OF INDIA] 17-03-2023 Sick Industrial Companies (Special Provisions) Act, 1985 - Section 18 - Rehabilitation scheme under Section 18 of the SICA, 1985 shall bind all the creditors including the unsecured creditors and the unsecured creditors have to accept the scaled down value of its dues provided under the rehabilitation scheme. India Law Library Docid # 1602859
(18) GOVT. OF NCT OF DELHI THROUGH THE SECRETARY, LAND AND BUILDING DEPARTMENT AND ANOTHER Vs. M/S. K.L. RATHI STEELS LIMITED AND OTHERS [SUPREME COURT OF INDIA] 17-03-2023 Civil Procedure Code, 1908 (CPC) - Order 47 Rule 1 - Review of Judgment - When a decision on a question of law on which the judgment of the Court has been reversed or modified by the subsequent decision of the superior Court, it shall not be a ground for review of such judgment. India Law Library Docid # 1602847
(19) SREI MULTIPLE ASSET INVESTMENT TRUST VISION INDIA FUND Vs. DECCAN CHRONICLE MARKETEERS AND OTHERS [SUPREME COURT OF INDIA] 17-03-2023 The instant appeal has been filed by the successful resolution applicant (for short “SRA”) of the Corporate Debtor (Deccan Chronicle Holdings Ltd.) whose Resolution Plan was approved by 81.39% voting by the Committee of Creditors (CoC) and conditionally by the adjudicating authority/National Company Law Tribunal (for short “NCLT”) by order dated 3rd June, 2019, subject to the outcome of I.A. No.155 of 2018 and that came to be decided by the adjudicating authority/NCLT, Hyderabad Bench by order d India Law Library Docid # 1602921
(20) MEENU PRAKASH BHANTU Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 16-03-2023 Criminal Procedure Code, 1973 (CrPC) - Section 319 - Summoning of additional accused - No case is made out against the appellant at this stage for summoning an additional accused merely because he once had supplied a copy of the statement of account to the complainant which was either dim or mis-printed. India Law Library Docid # 1602841