(101) X Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 16-10-2023 Medical Termination of Pregnancy Act, 1971 - Sections 3(2B) and 5 - Termination of twenty-six weeks and five days pregnancy - A medical termination of the pregnancy cannot be permitted because it has crossed the statutory limit of twenty-four weeks - Requirements in either Section 3(2B) or Section 5 must be met - There are no "substantial foetal abnormalities" diagnosed by a Medical Board in this case, in terms of Section 3(2B) - This Court called for a second medical report from AIIMS to ensure India Law Library Docid # 1603659
(102) AMBALAL PARIHAR Vs. STATE OF RAJASTHAN AND OTHERS [SUPREME COURT OF INDIA] 16-10-2023 Judicial Services - Taking up a case not specifically assigned by the Chief Justice is an act of gross impropriety - If the Courts allow such sharp practices, the roster notified by the Chief Justice will have no meaning - Judges have to follow discipline and ought not to take up any case unless it is specifically assigned by the Chief Justice - A Judge can take up a case provided either the cases of that category have been assigned to him as per the notified roster or the particular case is spe India Law Library Docid # 1603695
(103) HARVINDER SINGH @ BACHHU Vs. THE STATE OF HIMACHAL PRADESH [SUPREME COURT OF INDIA] 13-10-2023 Penal Code, 1860 (IPC)- Sections 302, 376, 511, 454, 380 read with Section 34 - Murder and attempt to rape - Order of acquittal reversed by High Court - Appeal - Double Presumption - Non-Examination of Material Witnesses - When the view of the trial court, which had the benefit of seeing the demeanour of the witnesses, is both a possible and plausible one, it shall not be replaced by yet another one - Presumption of innocence in favour of the accused gets strengthened by the decision of the tri India Law Library Docid # 1603665
(104) JAMMU DEVELOPMENT AUTHORITY Vs. S. PARAMJEET SINGH AND ANOTHER [SUPREME COURT OF INDIA] 13-10-2023 Allotment of plot - Public auction - Defaults and failure to pay installment/balance payment - Earnest money paid by the respondent will be forfeited and will not be refunded - Rs.4,15,000/- (Rupees four lakhs fifteen thousand only), less the earnest money deposited by Respondent, will be refunded to him with simple interest at the rate of 8% per annum with effect from 01.01.2001 India Law Library Docid # 1603666
(105) PANKAJ KUMAR TIWARI Vs. INDIAN OVERSEAS BANK ASSET RECOVERY MANAGEMENT BRANCH AND OTHERS [SUPREME COURT OF INDIA] 13-10-2023 Constitution of India, 1950 - Article 226 - If the High Courts start entertaining Article 226 petitions for challenging the orders passed by the Civil Courts in other states, it will lead to a chaotic situation. India Law Library Docid # 1603696
(106) COMMISSIONER, CUSTOMS CENTRAL EXCISE AND SERVICE TAX, PATNA AND OTHERS Vs. M/S SHAPOORJI PALLONJI AND COMPANY PVT. LTD. AND OTHERS [SUPREME COURT OF INDIA] 13-10-2023 Constitution of India, 1950 - Article 243W - Exemption from service tax - Services provided to Indian Institute of Technology (IIT) and the National Institute of Technology (NIT) are exempt from service tax - It is evident that the scope of the exemption was severely restricted to only a few entities - Although the reason for re-defining "governmental authority" has not been made available by the appellants, we presume that unworkability of the scheme for grant of exemption because of the restri India Law Library Docid # 1603650
(107) STATE OF U.P. AND ANOTHER Vs. EHSAN AND ANOTHER [SUPREME COURT OF INDIA] 13-10-2023 Constitution of India, 1950 - Article 226 - Writ Jurisdiction - Existence of an alternative remedy is not an absolute bar on exercise of writ jurisdiction - When a writ petition has been entertained, parties have exchanged their pleadings/ affidavits and the matter has remained pending for long - In such a situation there must be a sincere effort to decide the matter on merits and not relegate the writ petitioner to the alternative remedy, unless there are compelling reasons for doing so - One s India Law Library Docid # 1603651
(108) MOHD. RIJWAN Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 13-10-2023 Penal Code, 1860 (IPC) - Sections 302 and 201 read with Section 34 - Murder - Acquittal - Lack of proper test identification parade - Non-examination of key eyewitness who was present when the accused and deceased were last seen together - It becomes very doubtful as the accused was shown to the witness in the office of the Superintendent of Police, only with a view to see that he identifies the accused in the court - This procedure is not known to law - Conviction and sentence set aside - Appea India Law Library Docid # 1603652
(109) YUSUF @ ASIF Vs. STATE [SUPREME COURT OF INDIA] 13-10-2023 Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) - Section 52A - Possession of 20 kgs of heroin - Commercial quantity - Disposal of contraband - In the absence of any material on record to establish that the samples of the seized contraband were drawn in the presence of the Magistrate and that the inventory of the seized contraband was duly certified by the Magistrate, it is apparent that the said seized contraband and the samples drawn therefrom would not be a valid piece of primary India Law Library Docid # 1603653
(110) UCO BANK AND OTHERS Vs. M.B. MOTWANI (DEAD) THR. LRS. AND OTHERS [SUPREME COURT OF INDIA] 12-10-2023 United Commercial Bank Officer's Service Regulations, 1979 - Regulation 20 - United Commercial Bank Officer, Employees (Discipline and Appeal) Regulations, 1976 - Regulation 12 - Service benefits - Departmental proceeding was not initiated merely on issuance of a show cause notice, it is initiated only when a chargesheet is issued - United Commercial Bank Officer's Service Regulations, 1979 could be invoked only when the disciplinary proceeding had been initiated prior to the ceasing of the emp India Law Library Docid # 1603648
(111) M/S MATHOSRI MANIKBAI KOTHARI COLLEGE OF VISUAL ARTS Vs. THE ASSISTANT PROVIDENT FUND COMMISSIONER [SUPREME COURT OF INDIA] 12-10-2023 Employees Provident Funds and Miscellaneous Provisions Act, 1952 - Section 7-A - Determination of dues payable - Mere fact that two Institutes, managed and controlled by the same management, offer different courses or were established at different times is not relevant for their clubbing under the EPF Act - One of the institutes receives 100% grant-in-aid from the government while the other is receiving to the extent of 70%, is also not relevant. After coverage of the establishments, the benefit India Law Library Docid # 1603649
(112) NUTAN KUMARI Vs. B.R.A. BIHAR UNIVERSITY AND OTHERS [SUPREME COURT OF INDIA] 12-10-2023 Service Law - Selection - In judicial verdicts that the selection process is bound by the terms and conditions of an advertisement inviting applications from eligible candidates - Unless it can be demonstrated that an advertisement has been issued contrary to any Statute or the applicable rules, it is binding on all the participants to the point that not even the Selection Committee has the jurisdiction to lay down a separate yardstick or basis for selection as that would be tantamount to legisl India Law Library Docid # 1603711
(113) UNION OF INDIA Vs. UZAIR IMRAN AND OTHERS [SUPREME COURT OF INDIA] 11-10-2023 Service Law - Appointment - Selection process - It is entirely the prerogative of the employer, after applications are received from interested candidates or names of registered candidates are sponsored by the Employment Exchanges for public employment, to decide whether any such candidate intending to participate in the selection process is eligible in terms of the statutorily prescribed rules for appointment and also as to whether he ought to be allowed to enter the zone of consideration, i.e. India Law Library Docid # 1603645
(114) BICHITRANANDA BEHERA Vs. STATE OF ORISSA AND OTHERS [SUPREME COURT OF INDIA] 11-10-2023 Service Law - Claim of benefits - Delay and laches - A belated service related claim will be rejected on the ground of delay and laches (where remedy is sought by filing a writ petition) or limitation (where remedy is sought by an application to the Administrative Tribunal) - One of the exceptions to the said rule is cases relating to a continuing wrong - Where a service related claim is based on a continuing wrong, relief can be granted even if there is a long delay in seeking remedy, with refe India Law Library Docid # 1603646
(115) STATE OF RAJASTHAN Vs. GAUTAM S/O MOHANLAL [SUPREME COURT OF INDIA] 11-10-2023 Penal Code, 1860 (IPC) - Section 376(2)(i) and 376(2)(m) - Protection of Children from Sexual Offences Act, 2012 - Sections 3 and 4 - Rape with minor girl - Quantum of sentence - Case was where the victim was five to six years old - In a given case, the financial condition of an accused can be one of the considerations for not exceeding the minimum sentence - Still, again, when it comes to such a serious offence against a girl aged five to six, the financial condition of the accused should not n India Law Library Docid # 1603647
(116) SOLARIS CHEM TECH INDUSTRIES LIMITED Vs. ASSISTANT EXECUTIVE ENGINEER KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD AND ANOTHER [SUPREME COURT OF INDIA] 10-10-2023 Arbitration and Conciliation Act, 1996 - Section 12(5) - Appointment of an arbitrator - Section 12(5) of the Arbitration Act, which was introduced in the year 2015 by way of an amendment indicates that notwithstanding any prior agreement to the contrary, certain persons whose relationships with the parties fall under the Seventh Schedule of the Act, are ineligible to be appointed as an arbitrator - In the present case, the agreements do not postulate that the Chief Engineer would adjudicate upon India Law Library Docid # 1603664
(117) RAM KISHAN AND ANOTHER Vs. DAYA NAND(D)THR. LRS AND OTHERS [SUPREME COURT OF INDIA] 10-10-2023 Suit for pre-emption - Pre-emptor should possess the right to pre-empt on the date of sale, and also on the date of the decree by the court of the first instance. India Law Library Docid # 1603697
(118) NATIONAL PROJECTS CONSTRUCTION CORPORATION LIMITED Vs. ROYAL CONSTRUCTION COMPANY PRIVATE LTD. [SUPREME COURT OF INDIA] 10-10-2023 Work Agreement - Payments and Advances - An agreement was executed between the parties to carry out earth work in Iraq by the Royal Construction Company Private Limited given by the National Projects Construction Corporation Limited - Perusal of material does not permit payment of the awarded amount in Indian currency except the amount of Rs. 20 lacs with admissible interest against the encashment of bank guarantee - As a necessary corollary, there would be no question of the amount awarded in I India Law Library Docid # 1603636
(119) DR. NIRMAL SINGH PANESAR Vs. MRS. PARAMJIT KAUR PANESAR @AJINDER KAUR PANESAR [SUPREME COURT OF INDIA] 10-10-2023 Constitution of India, 1950 - Article 142 - Hindu Marriage Act, 1955 - Section 13(1)(ia) and 13(1)(ib) - Irretrievable breakdown of marriage - Divorce - Husband was about 89 years old and wife aged about 82 years - One should not be oblivious to the fact that the institution of marriage occupies an important place and plays an important role in the society - Despite the increasing trend of filing the Divorce proceedings in the courts of law, the institution of marriage is still considered to be India Law Library Docid # 1603639
(120) KAMAL PRASAD AND OTHERS Vs. THE STATE OF MADHYA PRADESH (NOW STATE OF CHHATTISGARH) [SUPREME COURT OF INDIA] 10-10-2023 Penal Code, 1860 (IPC) - Sections 148, 149, 302 and 307 - Explosive Substance Act, 1908 - Sections 4 and 5 - Murder - Accused with 11 persons attacked with country made bombs as also Laathis and tabbal - Deceased received multiple injuries and eventually succumbed while receiving the treatment he was died - Deceased was a history-sheeter and had scores of criminal cases pending against him or cases in which he was involved - Simply because the deceased had a chequered past which constituted seve India Law Library Docid # 1603642