(101) THE DIRECTORATE OF ENFORCEMENT Vs. M. GOPAL REDDY AND ANOTHER [SUPREME COURT OF INDIA] 24-02-2023 Criminal Procedure Code, 1973 (CrPC) - Prevention of Money Laundering Act, 2002 - Sections 3 and 45 - Offence of money laundering - Anticipatory bail - Rigour of Section 45 of the Act, 2002 shall be applicable even with respect to the application under Section 438 Cr.PC - In case of economic offences, which are having an impact on the society, the Court must be very slow in exercising the discretion under Section 438 of Cr.P.C. - Order granting anticipatory bail is quashed and set aside - Appeal India Law Library Docid # 1602750
(102) THE STATE OF MADHYA PRADESH Vs. JAD BAI [SUPREME COURT OF INDIA] 24-02-2023 Penal Code, 1860 (IPC) - Section 302 read with section 34 - Murder - Common intention - Appeal against acquittal - Common intention can be formed at the spur of the moment and during the occurrence itself - Participation in action of the respondent in commission of the offence and the common intention to commit the murder of the deceased with original accused No.1-husband of the respondent have been established and proved by the prosecution India Law Library Docid # 1602751
(103) DELHI DEVELOPMENT AUTHORITY Vs. RAJENDER SINGH AND OTHERS [SUPREME COURT OF INDIA] 24-02-2023 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - Twin conditions - For lapse under Section 24(2) of the Act, 2013, twin conditions, namely, (i) the possession is not taken and (ii) the compensation is not tendered/paid are to be satisfied and if one of the conditions is not satisfied there shall not be any lapse or deemed lapse under the Act, 2013. India Law Library Docid # 1602752
(104) LAND ACQUISITION COLLECTOR Vs. JAI PRAKASH TYAGI AND OTHERS [SUPREME COURT OF INDIA] 24-02-2023 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - Appeal against - Mainly relying upon the earlier decision of this Court in the case of Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors., reported in (2014) 3 SCC 183, the High Court has allowed the writ petition and has declared that the acquisition with respect to the lands in question is deemed to have lapse India Law Library Docid # 1602753
(105) STATE OF HARYANA AND OTHERS Vs. NIRANJAN SINGH AND OTHERS ETC. [SUPREME COURT OF INDIA] 24-02-2023 Land Acquisition Act, 1894 - Sections 4 and 6 - Acquisition of land - When the land in question is required by the State for widening of the road and when the entire acquisition proceedings have been concluded including declaration of the award, passing of the award and the payment of the compensation, the acquisition with respect to the said land which is required for widening of the road ought not to have been quashed and/or the same land was not required to be released - State was absolutely India Law Library Docid # 1602754
(106) S. MURALI SUNDARAM Vs. JOTHIBAI KANNAN AND OTHERS [SUPREME COURT OF INDIA] 24-02-2023 Civil Procedure Code, 1908 (CPC) - Order 47 Rule 1 - Application for review of judgment - Even if the judgment sought to be reviewed is erroneous the same cannot be a ground to review the same in exercise of powers under Order 47 Rule 1 CPC - An erroneous order may be subjected to appeal before the higher forum but cannot be a subject matter of review under Order 47 Rule 1 CPC. India Law Library Docid # 1602755
(107) RAMJI LAL BAIRWA AND OTHERS Vs. RAJASTHAN HIGH COURT AND OTHERS [SUPREME COURT OF INDIA] 24-02-2023 We do not find any good ground and reason to entertain the present writ petition as a public interest litigation under Article 32 of the Constitution of India and hence, the writ petition is dismissed. India Law Library Docid # 1602869
(108) GODREJ AND BOYCE MANUFACTURING CO. LTD. Vs. THE STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 24-02-2023 However, upon filing of a reference by the petitioner for enhancement of compensation, the jurisdictional court shall dispose of the reference within a period of six months. India Law Library Docid # 1602871
(109) TOTARAM Vs. THE STATE OF MADHYA PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 24-02-2023 Penal Code, 1860 (IPC) - Sections 294, 323, 342, 354 and 506 read with Section 34 - Bail - No justification for the High Court to call for an explanation from the trial judge for having granted bail - Such orders of the High Court seriously affect the independence of the district judiciary in considering applications for bail in appropriate cases - Petitioner shall be released on bail - The direction of the High Court calling for an explanation from the trial Judge shall remain stayed. India Law Library Docid # 1602870
(110) SHAILENDRA MANI TRIPATHI Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 24-02-2023 Constitution of India, 1950 - Article 32 - Maternity Benefit Act, 1961 - Petition under Article 32 of the Constitution seeks a direction to all the States to frame a policy for menstrual pain leave for female students and working women under the provisions of the Maternity Benefit Act 1961 - It would be appropriate if the petitioner submits a representation to the Union Ministry of Women and Child Development which may take an appropriate decision. India Law Library Docid # 1602872
(111) THIRU K. PALANISWAMY Vs. M. SHANMUGAM AND OTHERS [SUPREME COURT OF INDIA] 23-02-2023 For introductory purposes, we may indicate that in the first three civil suits, being CS Nos. 102 of 2022, 106 of 2022 and 111 of 2022, various applications seeking interim reliefs were dealt with by an order dated 22.06.2022 whereby, the learned Single Judge of the High Court declined to grant any injunction against the meeting of the General Council scheduled to be held on 23.06.2022. This order was challenged by one of the plaintiffs in an intra-court appeal, OSA No. 160 of 2022; and therein, India Law Library Docid # 1602742
(112) C. YAMINI AND OTHERS Vs. THE HIGH COURT FOR THE STATE OF ANDHRA PRADESH AT AMRAVATHI AND ANOTHER [SUPREME COURT OF INDIA] 23-02-2023 Andhra Pradesh State Higher Judicial Service Special Rules for Adhoc Appointments, 2001 - Constitution of India, 1950 - Article 217(2)(a) - This Court ruled that the service as ad-hoc judges cannot be taken into account for the purposes of Article 217(2)(a) of the Constitution, which specifies the qualifications required for appointment as a judge of a high court. The Court stated that the requirement of a minimum of ten years of continuous practice as an advocate or a minimum of ten years of c India Law Library Docid # 1602743
(113) OFFICE OF THE ODISHA LOKAYUKTA Vs. DR. PRADEEP KUMAR PANIGRAHI AND OTHERS [SUPREME COURT OF INDIA] 23-02-2023 Odisha Lokayukta Act, 2014 - Section 20(1) - Provisions relating to complaints and preliminary inquiry and investigation - Serious allegations corruption against Member of the Odisha Legislative Assembly - Preliminary inquiry - High Court has committed a manifest error in passing of the order impugned dated 3rd February, 2021 while setting aside the order of the appellant dated 11th December, 2020 to conduct a preliminary inquiry against respondent no.1 in exercise of powers under Section 20(1) India Law Library Docid # 1602744
(114) PAWAN KHERA Vs. THE STATE OF ASSAM AND ANOTHER [SUPREME COURT OF INDIA] 23-02-2023 Penal Code, 1860 (IPC) - Sections 153A, 500, 504 and 505(2) - Extension of regular bail - Petition confined to the issue as to whether the FIRs should be clubbed in one and the same jurisdiction - This Court noticed the submission which has been urged by senior counsel appearing on behalf of the petitioner that the words taken at their face value as reflected in the FIRs do not establish an offence punishable under the provisions which have been invoked in the FIRs - Issue notice on the prayer o India Law Library Docid # 1602745
(115) VAHITHA Vs. STATE OF TAMIL NADU [SUPREME COURT OF INDIA] 22-02-2023 Penal Code, 1860 - Section 302 - Evidence Act, 1872 - Section 106 - Murder of her five-year-old child - If the accused does not offer an explanation under Section 106 and there is corroborative evidence establishing a chain of circumstances leading to the conclusion of guilt, the accused could be convicted on that basis - If the accused had a different intention, the facts are specially within his knowledge which he must prove; and if, in a case based on circumstantial evidence, the accused evad India Law Library Docid # 1602740
(116) UNION OF INDIA Vs. INDIAN NAVY CIVILIAN DESIGN OFFICERS ASSOCIATION AND ANOTHER [SUPREME COURT OF INDIA] 22-02-2023 Service Law - Equal Pay for Equal Work - Though the doctrine "equal pay for equal work" is not an abstract doctrine and is capable of being enforced in a Court of Law, the equal pay must be for equal work of equal value - Equation of posts and determination of pay scales is the primary function of the Executive and not of the Judiciary - Courts therefore should not enter upon the task of job evaluation which is generally left to the expert bodies like the Pay Commissions which undertake rigorous India Law Library Docid # 1602741
(117) JAGDISH ETC. Vs. THE STATE OF RAJASTHAN [SUPREME COURT OF INDIA] 22-02-2023 Having heard the learned counsel for the parties, we are inclined to dismiss Criminal Appeal Nos. 276 and 277 of 2022, arising out of D.B. Criminal Appeal Nos. 1284 and 1444 of 2017, preferred by the appellants - Jagdish and Prakash, convicting them under Section 302 read with Section 34 of the Indian Penal Code, 1860 (‘IPC’). However, we have acquitted the appellants - Jagdish and Prakash from the charge under Section 397 of the IPC and convicted and sentenced them under Section 392 of the IPC. India Law Library Docid # 1602746
(118) DR. BALRAM SINGH Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 22-02-2023 The petitioner in this case has been motivated by public interest litigation and has made several claims including the issuance of directions to implement provisions, inter alia, of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 and the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013. India Law Library Docid # 1602868
(119) IRFAN KHAN @ IRFAN SHAIKH Vs. THE STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 22-02-2023 The appellant has come up before this Court against rejection of his bail plea in an appeal instituted by him under the provisions of Section 21(4) of the National Investigation Agency Act, 2008. Before the High Court, the appellant had questioned the legality of an order of the Special Judge, N.I.A./A.T.S./ Additional District & Sessions Judge, Court No. 3, Lucknow refusing his prayer for bail. India Law Library Docid # 1602875
(120) UDDHAV THACKERAY Vs. EKNATHRAO SAMBHAJI SHINDE AND ANOTHER [SUPREME COURT OF INDIA] 22-02-2023 Mr Neeraj Kishan Kaul, Mr Mahesh Jethmalani and Mr Maninder Singh, senior counsel appearing with Mr Siddharth Bhatnagar and Ms Malvika Trivedi, senior counsel accept notice on behalf of the first respondent and waive service. India Law Library Docid # 1602876