(1) COMMANDING OFFICER, RAILWAY PROTECTION SPECIAL FORCE, MUMBAI Vs. BHAVNABEN DINSHBHAI BHABHOR AND OTHERS [SUPREME COURT OF INDIA] 26-09-2023 Railways Act, 1989 - Section 128 - Employees Compensation Act, 1923 - Sections 3 and 30 - Death in an accident in the course of employment - Claim petition for Compensation - Rejected on the ground that the deceased was part of the Armed Forces of the Union and, therefore, not a workman; hence, the claim petition under the 1923 Act is not maintainable - Whether provisions of the 1923 Act applies to a member of the RPF - The 1923 Act as it stood at the relevant time (i.e., the date of the acciden India Law Library Docid # 1603603
(2) H. D. SUNDARA AND OTHERS Vs. STATE OF KARNATAKA [SUPREME COURT OF INDIA] 26-09-2023 Penal Code,1860 (IPC) - Sections 304 Part I, 324 and 149 - Culpable Homicide not amounting to Murder - Testimony of eyewitnesses - The demeanour of a witness frequently furnishes a clue to the weight of his testimony. This aspect has to be borne in mind while dealing with an appeal against acquittal. India Law Library Docid # 1603604
(3) CPL ASHISH KUMAR CHAUHAN (RETD.) Vs. COMMANDING OFFICER AND OTHERS [SUPREME COURT OF INDIA] 26-09-2023 Medical Negligence - Transfusion of HIV virus infected blood - Diagnosed HIV Positive - Appellant is an armed force member - Compensation - Enhancement of - Joint liability of both IAF and Indian Army - The appellant filed a complaint before the Commission seeking compensation of Rs. 95,03,00,000 - The appellant’s claim of Rs. 89,921/- per month, is based on the calculation that he would have earned, had he been in service if the seventh pay commission pay fixation and adjustment were provided - India Law Library Docid # 1603605
(4) KOTAK MAHINDRA BANK LIMITED Vs. COMMISSIONER OF INCOME TAX BANGALORE AND ANOTHER [SUPREME COURT OF INDIA] 25-09-2023 Income Tax Act, 1961 - Section 32 and 245H - Deduction when the cost of the tangible or intangible asset utilised by the assessee - Immunity from levy of penalty and prosecution - Levy of penalty and prosecution - As per the Assessment Order, the appellant had been accounting for lease rental received, by treating the same as a financial transaction - As a result, the lease rental was bifurcated into capital repayment portion and interest component - Only the interest component was offered to India Law Library Docid # 1603601
(5) M/S PAUL RUBBER INDUSTRIES PRIVATE LIMITED Vs. AMIT CHAND MITRA AND ANOTHER [SUPREME COURT OF INDIA] 25-09-2023 Transfer of Property Act, 1882 - Sections 105, 106, 107 and 108 - Registration Act, 1908 - Sections 17 and 49 - Unregistered deed of lease for immovable property - In the absence of a registered instrument, the courts are not precluded from determining the factum of tenancy from other evidence on record as well as the purpose of tenancy In the present case, factum of creation of tenancy has been established - But the purpose of tenancy, so as to attract the six months’ notice period under Secti India Law Library Docid # 1603602
(6) SWEETY KUMARI Vs. THE STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 22-09-2023 Service Law - Rejection of candidates - Non-production of original certificates at the time of interview - Proof is available and true photocopies were on record - Candidature could not have been rejected merely because the original was not produced before the Commission at the time of interview in particular when such requirement was not mandatory, in view of the manner in which the Rules are couched. India Law Library Docid # 1603595
(7) BALWINDER SINGH (BINDA) AND OTHER Vs. THE NARCOTICS CONTROL BUREAU [SUPREME COURT OF INDIA] 22-09-2023 Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) - Sections 53 and 67 - Evidence Act, 1872 - Section 25 - Confessional statement - Any confessional statement made by an accused to an officer invested with the powers under Section 53 of the NDPS Act, is barred for the reason that such officers are "police officers" within the meaning of Section 25 of the Evidence Act, a statement made by an accused and recorded under Section 67 of the NDPS Act cannot be used as a confessional statement India Law Library Docid # 1603598
(8) SHIRDI NAGAR PANCHAYAT Vs. KISHOR SHARAD BORAWAKE AND OTHERS [SUPREME COURT OF INDIA] 22-09-2023 Transfer of land - Land reserved for 'amenity space' consists of trees which are aged about 100 years or more - Landowners/plot holders permit to make a representation to the Municipal Council for providing/transferring another piece of land on the same road having the same or near about the same area. India Law Library Docid # 1603599
(9) SURESH LATARUJI RAMTEKE Vs. SAU. SUMANBAI PANDURANG PETKAR AND OTHERS [SUPREME COURT OF INDIA] 21-09-2023 Civil Procedure Code, 1908 (CPC) - Section 100 - Second appeal - Substantial question of law - Framing of - Whether in the absence of affording adequate opportunity of hearing to the parties on addressing the framed substantial questions of law, the High Court could have proceeded to decide the same in an appeal preferred under section 100 Code of Civil Procedure, particularly, when the findings of fact rendered by two Courts, were sought to be reversed? - Held, A Court sitting in second appella India Law Library Docid # 1603585
(10) RAJESH AND ANOTHER Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 21-09-2023 Penal Code, 1860 (IPC) - Sections 302 and 364A read with Section 120B - Kidnapping and Murder - Acquittal - Degree of proof required to hold them guilty beyond reasonable doubt, on the strength of circumstantial evidence, is clearly not established - Higher principle of 'proof beyond reasonable doubt' and more so, in a case built on circumstantial evidence, would have to prevail and be given priority. - Most crucial is the fact that the Investigating Officer (PW-16) chose to examine accused and India Law Library Docid # 1603587
(11) SUDESH KUMAR GOYAL Vs. THE STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 21-09-2023 Judicial service - Appointment to higher judicial service - If one of the selected candidates joins and then resigns, it gives rise to a fresh vacancy which could not have been filled up without issuing a proper advertisement and following the fresh selection process. India Law Library Docid # 1603588
(12) P. SARANGAPANI (DEAD) THROUGH LR PAKA SAROJA Vs. STATE OF ANDHRA PRADESH [SUPREME COURT OF INDIA] 21-09-2023 Prevention of Corruption Act, 1988 - Sections 7, 13(1)(d), 13(2) and 20 - Illegal gratification - Presumption - Once the undue advantage i.e., any gratification whatever, other than the legal remuneration is proved to have been accepted by the accused, the Court is entitled to raise the presumption under Section 20 that he accepted the undue advantage as a motive or reward under Section 7 for performing or to cause performance of a public duty improperly or dishonestly - No doubt, such presumpti India Law Library Docid # 1603589
(13) FIRST GLOBAL STOCKBROKING PVT. LTD. AND OTHERS Vs. ANIL RISHIRAJ AND ANOTHER [SUPREME COURT OF INDIA] 21-09-2023 Foreign Exchange Regulation Act, 1973 - Sections 56, 57 and 61(2) - Foreign Exchange Management Act, 1999 - Section 49(3) - Complaint to Magistrate in respect of the offences punishable under Sections 56 and 57 of FERA - Complaint can be filed during the sunset period of two years provided in sub-section (3) of Section 49 of FEMA - Enforcement officers authorised to file a complaint in respect of the offences punishable under Sections 56 and 57 of FERA - Power under subclause (b) of clause (ii) India Law Library Docid # 1603590
(14) MEENA PRADHAN AND OTHERS Vs. KAMLA PRADHAN AND ANOTHER [SUPREME COURT OF INDIA] 21-09-2023 Will - Execution of - Will was duly executed by the testator in the presence of witnesses out of his free Will in a sound disposing state of mind and the same stands proven through the testimony of one of the attesting witnesses examined by the Civil Court - This witness categorically states that the testator executed the Will in question and, both he and the testator signed the Will in the presence of each other - There is no evidence on record to conclude that the deceased was not in a fit or India Law Library Docid # 1603591
(15) JOSEPH Vs. THE STATE OF KERALA AND OTHERS [SUPREME COURT OF INDIA] 21-09-2023 Penal Code, 1860 (IPC) - Sections 302 and 392 - Kerala Prisons and Correctional Services (Management) Rules, 2014 - Rule 376 - Prematurely release - Prisoners shall be granted remission for keeping peace and good behaviour in jail - In the petitioner's case, the 1958 Rules are clear – a life sentence, is deemed to be 20 years of incarceration. After this, the prisoner is entitled to premature release - The guidelines issued by the National Human Rights Commission (NHRC) pointed out to us by the India Law Library Docid # 1603594
(16) BATLIBOI ENVIRONMENTAL ENGINEERS LIMITED Vs. HINDUSTAN PETROLEUM CORPORATION LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 21-09-2023 Arbitration and Conciliation Act, 1996 - Section 28(3) - Setting aside of arbitral award - Award can be only set aside if the arbitrator construes the award in a way that no fair-minded or reasonable person would do - Further, 'patent illegality' refers to three sub-heads: (a) contravention of substantive law of India, which must be restricted and limited such that the illegality must go to the root of the matter and should not be of a trivial nature - Reference in this regard was made to clause India Law Library Docid # 1603592
(17) CELIR LLP Vs. BAFNA MOTORS (MUMBAI) PVT. LTD. AND OTHERS [SUPREME COURT OF INDIA] 21-09-2023 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) - Section 13(8) - Right of borrower to redemption - Right of the borrower to redeem the secured asset stands extinguished thereunder on the very date of publication of the notice for public auction under Rule 9(1) of the Rules of 2002 - Right of redemption available to the borrower under the present statutory regime is drastically curtailed and would be available only till the date of India Law Library Docid # 1603581
(18) SUNIL Vs. STATE OF NCT OF DELHI [SUPREME COURT OF INDIA] 21-09-2023 Criminal Procedure Code, 1973 (CrPC) - Section 313 - Examination of an accused - To enable an accused to explain the circumstances appearing in the evidence against him, all the incriminating circumstances appearing against him in the evidence must be put to him - But where there has been a failure in putting those circumstances to the accused, the same would not ipso facto vitiate the trial unless it is shown that its non-compliance has prejudiced the accused - Where there is a delay in raising India Law Library Docid # 1603586
(19) THE STATE OF MADHYA PRADESH AND OTHERS Vs. BHUPENDRA YADAV [SUPREME COURT OF INDIA] 20-09-2023 Service Law - Appointment to post of police constable - Mere acquittal in the criminal case would not automatically entitle to appointment - Acquittal in POCSO cases cannot be treated as a clean acquittal when prosecutrix and witnesses cited by the prosecution turned hostile, the trial Court passed an order, acquitting the respondent of the charges framed under Section 354(D) of the IPC and Section 11 (D)/12 of the POCSO Act - Appointment to post of police constable unsuitable. India Law Library Docid # 1603575
(20) APPAIYA Vs. ANDIMUTHU@ THANGAPANDI AND OTHERS [SUPREME COURT OF INDIA] 20-09-2023 Evidence Act, 1872 - Sections 74(2), 77 and 79 - Registration Act, 1908 - Section 57(5) - Suit for declaration of title and possession - Certified copy of sale deed - Admissibility - Section 77 provides for the production of certified copy of a public document as secondary evidence in proof of contents of its original - Section 79 is the provision for presumption as to the genuineness of certified copies provided the existence of a law declaring certified copy of a document of such nature to be India Law Library Docid # 1603579