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(121) SAYUNKTA SANGARSH SAMITI AND ANOTHER Vs. THE STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 15-12-2023
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 - Private agreements cannot be enforced in Slum Rehabilitation Schemes as against the statutory mandate of Slum Rehabilitation Authority (SRA) - Slum society or private Developer cannot dictate terms to the Slum Rehabilitation Authority (SRA) and it must act in terms of its own policies and circulars - Slum Rehabilitation Authority (SRA) has to act in terms of its own policies and circulars without allowing private or co
India Law Library Docid # 1603822

(122) RAM KISHOR ARORA Vs. DIRECTORATE OF ENFORCEMENT [SUPREME COURT OF INDIA] 15-12-2023
Prevention of Money Laundering Act, 2002 - Section 19 - Money Laundering Case - Non-furnishing of grounds of arrest - Illegal Arrest - Seeking direction to release - Non-furnishing of grounds of arrest in writing till the date of pronouncement of judgment in Pankaj Bansal vs. Union of India and Others, (2023) SCC Online SC 1244 : Docid # IndLawLib/1603613 could neither be held to be illegal nor the action of the concerned officer in not furnishing the same in writing could be faulted with - Expr
India Law Library Docid # 1603823

(123) SUSHMA SHIVKUMAR DAGA AND ANOTHER Vs. MADHURKUMAR RAMKRISHNAJI BAJAJ AND OTHERS [SUPREME COURT OF INDIA] 15-12-2023
Arbitration and Conciliation Act, 1996 - Section 8 - Reference to Arbitration Clause - A plea of fraud must be serious in nature in order to oust the jurisdiction of an Arbitrator - Two conditions which must be satisfied before the Court can refuse to refer the matter to the Arbitrator, a forum consciously decided by parties in an agreement - First is whether the plea permeates the entire contract and above all, the arbitration agreement, rendering it void or secondly, whether the allegation of
India Law Library Docid # 1603818

(124) STATE OF HARYANA AND OTHERS Vs. DINESH SINGH AND ANOTHER [SUPREME COURT OF INDIA] 14-12-2023
Rule 9 deals with the selection of candidates for inclusion of their names in Register A-1. According to this Rule, the Financial Commissioner and Principal Secretary to Government (hereinafter referred as, the Commissioner) is required to prepare a list of District Revenue Officer/Tehsildars not more than five times the number of vacancies and submit this list to the Committee[5] for its consideration. Only such names are to be forwarded to the Commission who satisfy the conditions set out in c
India Law Library Docid # 1603824

(125) AFJAL ANSARI Vs. STATE OF UP [SUPREME COURT OF INDIA] 14-12-2023
Criminal Procedure Code, 1973 (CrPC) - Section 389 - Suspension of sentence - Appellate Court is unambiguously vested with the power to suspend implementation of the sentence or the order of conviction under appeal and grant bail to the incarcerated convict, for which it is imperative to assign the reasons in writing - In order to suspend the conviction of an individual, the primary factors that are to be looked into, would be the peculiar facts and circumstances of that specific case, where the
India Law Library Docid # 1603825

(126) MOHAMMED ABDUL WAHID Vs. NILOFER AND ANOTHER [SUPREME COURT OF INDIA] 14-12-2023
Civil Procedure Code, 1908 (CPC) - Order 16 Rule 21 - There is no difference between a party to a suit as a witness and a witness simpliciter - Production of documents for both a party to the suit and a witness as the case may be, at the stage of cross-examination, is permissible within law - Function performed by either a witness or a party to a suit when in the witness box is the same - Phrase "so far as it is applicable" in Order 16 Rule 21 does not suggest a difference in the function perfor
India Law Library Docid # 1603826

(127) SAUMYA CHAURASIA Vs. DIRECTORATE OF ENFORCEMENT [SUPREME COURT OF INDIA] 14-12-2023
Criminal Procedure Code, 1973 (CrPC) - Section 439 - Penal Code, 1860 (IPC) - Sections 186, 204, 353, 384 and 120-B - Prevention of Money Laundering Act, 2002 - Sections 3, 4 and 45 - Bail - Money Laundering - Merely because accused is a woman should not be granted the benefit of the first proviso to Section 45 of the PMLA and grant bail - Use of the expression "may be" in the first proviso to Section 45 clearly indicates that the benefit of the said proviso to the category of persons mentioned
India Law Library Docid # 1603827

(128) CHHOTE LAL Vs. ROHTASH AND OTHERS [SUPREME COURT OF INDIA] 14-12-2023
Penal Code, 1860 (IPC) - Section 302 and 149 - Murder - Acquittal - Appeal against - Conviction has to be based on the evidence which proves the accused guilty beyond reasonable doubt - In respect of circumstantial evidence, the chain of events is not complete whereas the presence of eyewitness is also doubtful - A sole eyewitness, happens to be the most interested witness being the father of the deceased and having long enmity with the group to which the accused persons belong, therefore, his t
India Law Library Docid # 1603828

(129) UNION OF INDIA AND OTHERS Vs. AIR COMMODORE NK SHARMA (17038) ADM/LGL [SUPREME COURT OF INDIA] 14-12-2023
Armed Forces Tribunal Act, 2007 - Sections 14 and 31(1) - Formation of policy - Jurisdiction - A Tribunal functioning within the strict boundaries of the governing legislation, would not have the power to direct the formation of a policy - After all, a court in Writ jurisdiction is often faced with situations that allegedly fly in the face of fundamental rights, and yet, has not been entrusted with the power to direct such formation of policy - Making policy, as is well recognised, is not in the
India Law Library Docid # 1603829

(130) MANIK HIRU JHANGIANI Vs. STATE OF M.P. [SUPREME COURT OF INDIA] 14-12-2023
Food Safety and Standards Act, 2006 - Sections 52 and 89 - Prevention of Food Adulteration Act, 1954 - Section 16 - Penalty for misbranded food - Punishment under PFA and the penalty under the FSSA cannot be imposed on the violator for the same misbranding because it will amount to double jeopardy, which is prohibited under Article 20(2) of the Constitution of India - Thus, in a case where after coming into force of Section 52 of the FSSA, if an act of misbranding is committed by anyone, which i
India Law Library Docid # 1603817

(131) U.P. SINGH Vs. PUNJAB NATIONAL BANK [SUPREME COURT OF INDIA] 14-12-2023
Service Law - Transfer Order - A person aggrieved by the order of transfer cannot sit at home and decide on his own that the order is illegal or erroneous and he will not comply with the same - If the workman had any grievance, he could have availed of his remedy available against the same; otherwise, he was duty-bound to comply with the same - Failure to avail of any remedy also would mean that he had accepted the order and was duty-bound to comply with the same - At a later stage, he could not
India Law Library Docid # 1603819

(132) SHAKTI YEZDANI AND ANOTHER Vs. JAYANAND JAYANT SALGAONKAR AND OTHERS [SUPREME COURT OF INDIA] 14-12-2023
Companies Act, 1956 - Sections 109A and 109B - Companies Act, 2013 - Section 72 - Nomination - Upon the holder's death, the nominee would not get an absolute title to the subject matter of nomination, and those would apply to the Companies Act, 1956 (pari materia provisions in Companies Act, 2013) and the Depositories Act, 1996 as well - Legislative intent of creating a scheme of nomination under the Companies Act, 1956 is not intended to grant absolute rights of ownership in favour of the nomin
India Law Library Docid # 1603832

(133) MAHESHWARI YADAV AND ANOTHER Vs. THE STATE OF BIHAR [SUPREME COURT OF INDIA] 13-12-2023
Penal Code, 1860 - Sections 302 and 34 - Murder by gunshot - Eyewitness Evidence - Absence of attempts by eyewitnesses to save the deceased or resist the accused does not automatically undermine their credibility - Accused were carrying sticks and a gun - When the evidence of the eyewitnesses is of sterling quality, an adverse inference need not be drawn - Quality is more important than quantity - Conviction and sentence upheld - Appeal dismissed.
India Law Library Docid # 1603814

(134) P.C. MODI Vs. THE JAWAHARLAL NEHRU VISHWA VIDYALAYA AND ANOTHER [SUPREME COURT OF INDIA] 13-12-2023
Jawaharlal Nehru Krishi Vishwavidyalaya Statute, 1964 - Statute 32 - A sports officer or physical training instructor is considered a "teacher" according to the Jawaharlal Nehru Krishi Vishwavidyalaya Statute, 1964 - Thus, it can be seen that the definition "teacher" is inclusive in nature and not just confined to a Professor, Associate Professor or Assistant Professor, as defined in Statute 32 - Appellant who was discharging the duties of a PTI/Sports Officer, would fall within the definition o
India Law Library Docid # 1603815

(135) IN RE: INTERPLAY BETWEEN ARBITRATION AGREEMENTS UNDER THE ARBITRATION AND CONCILIATION ACT 1996 AND THE INDIAN STAMP ACT 1899[SUPREME COURT OF INDIA] 13-12-2023
Stamp Act, 1899 - Section 35 - Contract Act 1872 - Section 2(g) - Arbitration and Conciliation Act 1996 - Sections 8 and 11 - Arbitration - Enforceability of Unstamped Agreements - Unstamped Arbitration Agreements Not Void - Agreements which are not stamped or are inadequately stamped are inadmissible in evidence under Section 35 of the Stamp Act - Such agreements are not rendered void or void ab initio or unenforceable - Non-stamping or inadequate stamping is a curable defect - An objection as
India Law Library Docid # 1603816

(136) SEKARAN Vs. THE STATE OF TAMIL NADU [SUPREME COURT OF INDIA] 12-12-2023
Penal Code, 1860 (IPC) – Section 304-Part II - Culpable homicide not amounting to murder – The appellant is entitled to an acquittal as the prosecution cannot prove beyond reasonable doubt that the accusation of culpable homicide is not murder.
India Law Library Docid # 1603811

(137) PRAFFUL SHUKLA AND OTHERS Vs. GOVERNMENT OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 12-12-2023
Service Law – Merging of staff from one department to another - Order for merging Adult Education Department staff into Education Department, providing category-wise seniority - The High Court ruled that merging cadres is a policy decision and cannot be interfered with - The writ petitioners argued there could be a better policy - The Division Bench found that the Assistant Director in Adult Education Department and Assistant Director in the Education Department carried the same responsibilities
India Law Library Docid # 1603812

(138) RAJPAL Vs. STATE OF RAJASTHAN [SUPREME COURT OF INDIA] 12-12-2023
However, on going through the pleadings in the special leave petition, it is evident that the case of the petitioner is founded on parity in the sense that his co-accused was granted bail by a coordinate bench of the High Court of Judicature for Rajasthan, Bench at Jaipur. The impugned judgment would reveal that even after going through the order dated 29.8.2023 passed in the case of co-accused
India Law Library Docid # 1603857

(139) M/S NORTH EASTERN CHEMICALS INDUSTRIES (P) LTD. AND ANOTHER Vs. M/S ASHOK PAPER MILL(ASSAM) LTD. AND ANOTHER [SUPREME COURT OF INDIA] 11-12-2023
Limitation Act, 1963 - Article 116 - Jogighopa (Assam) Unit of Ashok Paper Mills Limited (Acquisition Transfer of Undertaking) Act, 1990 - Jogighopa (Assam) Unit of Ashok Paper Mills Limited (Acquisition Transfer of Undertaking) Act, 1990, is not governed by the prescription of limitation under Article 116 of the Limitation Act, 1963 - In the absence of any particular period of time being prescribed to file an appeal, the same would be governed by the principle of 'reasonable time', for which, b
India Law Library Docid # 1603807

(140) AMANAT ALI Vs. STATE OF KARNATAKA AND OTHERS [SUPREME COURT OF INDIA] 11-12-2023
Consolidation of First Information Report (FIR) - FIRs registered in different police stations in state - Multiplicity of proceedings will not be in the larger public interest and State also - It appropriate to exercise power conferred under Article 142 of the Constitution of India to accede to the relief claimed to the extent of consolidation of the FIRs registered in the State of Madhya Pradesh for being tried together as one trial as far as possible.
India Law Library Docid # 1603808