(141) SMT. SHANTA RANI WIDOW OF AMRIT LAL Vs. NASIB KAUR WIDOW OF HARBHAJAN SINGH [SUPREME COURT OF INDIA] 05-10-2023 East Punjab Urban Rent Restriction Act, 1949 - Sections 13-B and 18-A - Eviction - Leave to defend - Rent Controller can grant the leave to defend if the affidavit filed by the tenant discloses such facts as would disentitle the landlord from obtaining an Order for the Recovery of Possession under Section 13-B of the Act - Appellant failed to make out a case that the appraisal of available material is either perverse or the Rent Controller informed a reason for granting leave to defend - Appeal India Law Library Docid # 1603618
(142) GRIDCO LTD. Vs. WESTERN ELECTRICITY SUPPLY COMPANY OF ORISSA LTD. AND OTHERS ETC. [SUPREME COURT OF INDIA] 05-10-2023 Electricity Act, 2003 - Section 125 - Fixation of tariff - Subsequent order of Electricity Commission by which the licenses of DISCOMS were cancelled - Same will have no bearing on the tariff fixation of earlier years - Appeals are preferred invoking Section 125 of the Electricity Act, which provides for an appeal to this Court from a decision or order of the Appellate Tribunal - Section 125 expressly provides that an appeal to this Court will lie on the grounds set out under Section 100 of the India Law Library Docid # 1603619
(143) MUKESH KUMAR Vs. S. KULDEEP SINGH [SUPREME COURT OF INDIA] 05-10-2023 East Punjab Urban Rent Restriction Act, 1949 - Sections 13-B and 18-A - Eviction - Leave to defend - Rent Controller can grant the leave to defend if the affidavit filed by the tenant discloses such facts as would disentitle the landlord from obtaining an Order for the Recovery of Possession under Section 13-B of the Act - Tenant failed to disclose such facts as would disentitle summary eviction under Section 13-B - Appeal dismissed. India Law Library Docid # 1603620
(144) DHARMA @ DHARAM SINGH AND ANOTHER STATE OF HARYANA [SUPREME COURT OF INDIA] 05-10-2023 Penal Code, 1860 (IPC) - Section 302 read with 34 - Murder of Sarpanch of a village - Acquittal - A witness who claims to be an eye witness must be in a position to identify the accused in the Court - Therefore, this is a case where the eye witness has not identified both the accused in the Court - In the circumstances, the appellants could not have been convicted in the absence of their identification by the eye witness before the Court - Conviction and sentence set aside - Appeal allowed. India Law Library Docid # 1603662
(145) M/S IVECO MAGIRUS BRANDSCHUTZTECHNIK GMBH Vs. NIRMAL KISHORE BHARTIYA AND ANOTHER [SUPREME COURT OF INDIA] 05-10-2023 Criminal Procedure Code, 1973 (CrPC) - Sections 200 and 204 - Penal Code, 1860 (IPC) - Section 499 - Defamation - Power of magistrate - Issue of process under section 204 read with section 200, Cr. PC does not ipso facto stand vitiated for non-consideration of the Exceptions to section 499, IPC unless, of course, before the High Court it is convincingly demonstrated that even on the basis of the complaint and the materials that the Magistrate had before him and without there being anything more, India Law Library Docid # 1603626
(146) UNION BANK OF INDIA Vs. RAJAT INFRASTRUCTURE PVT. LTD. AND OTHERS [SUPREME COURT OF INDIA] 04-10-2023 Constitution of India, 1950 - Article 142 - Security Interest (Enforcement) Rules, 2002 - Rule 9 - Purchaser's Deposit - Extension of time - Inherent powers of the Supreme Court - As per the sub-Rule (4) of Rule 9, the balance amount of purchase price payable has to be paid by the purchaser to the authorized officer on or before the fifteenth day of the confirmation of sale or such extended period as may be agreed upon in writing between the purchaser and the secured creditor, in any case not ex India Law Library Docid # 1603617
(147) SHARANAPPA @ SHARANAPPA Vs. STATE OF KARNATAKA [SUPREME COURT OF INDIA] 04-10-2023 Penal Code, 1860 (IPC) - Sections 302 and 201 - Murder of wife - Acquittal - Case was based on circumstantial evidence - First circumstance is of last seen together - Second circumstance is of the recovery of knife allegedly used as a weapon of offence by the appellant, at the instance of the appellant - Third circumstance is that though even according to the appellant, the deceased was missing since 28th May, 2004, he never filed a missing complaint till 31st May, 2004 and he did so after getti India Law Library Docid # 1603661
(148) ADITYA KHAITAN AND OTHERS Vs. IL AND FS FINANCIAL SERVICES LIMITED [SUPREME COURT OF INDIA] 03-10-2023 Suit for recovery of money along with other consequential reliefs - Limitation period for filing the written statements - The High Court has held that the order dated 23.03.2020 passed by this Court in Suo Motu Writ Petition (C) No. 3 of 2020 [In Re: Cognizance for Extension of Limitation], which is to be effective from 15.03.2020 would not enure to the benefit of the applicants/defendants since the limitation period for filing the written statements had expired on 08.03.2020 - The outer limit w India Law Library Docid # 1603612
(149) PANKAJ BANSAL Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 03-10-2023 Constitution of India, 1950 - Article 22(1) - Prevention of Money Laundering Act, 2002 - Sections 19 and 45 - Power to Arrest - Constitutional validity of - Article 22(1) of the Constitution provides, inter alia, that no person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest - This being the fundamental right guaranteed to the arrested person, the mode of conveying information of the grounds of arrest must necessarily be mean India Law Library Docid # 1603613
(150) STATE BANK OF INDIA AND OTHERS Vs. P. ZADENGA [SUPREME COURT OF INDIA] 03-10-2023 Service Law - Dismissal - Departmental proceedings - Acquittal in criminal proceedings does not entitle the delinquent employee for any benefit in the latter or automatic discharge in departmental proceedings - As a principle of law, a departmental proceeding pending criminal trial would not warrant an automatic stay unless, of course, a complicated question of law is involved - Also, acquittal in a criminal case ipso facto would not be tantamount to closure or culmination of proceedings in favo India Law Library Docid # 1603615
(151) PHULEL SINGH Vs. STATE OF HARAYANA [SUPREME COURT OF INDIA] 27-09-2023 Penal Code, 1860 (IPC) - Sections 302 and 304-B - Dowry death - Dying declaration - If a dying declaration was not accepted as evidence in the case of a co-accused, same dying declaration could not have been made basis for conviction of accused - Conviction and sentence set aside - Appeal allowed. India Law Library Docid # 1603606
(152) COMMISSIONER OF INCOME TAX 14 Vs. JASJIT SINGH [SUPREME COURT OF INDIA] 26-09-2023 Income Tax Act, 1961 - Section 153C - Information from a third party regarding income tax returns - A plain interpretation of Section 153C(1) that the Parliamentary intent to enact the proviso was to cater not merely to the question of abatement but also with regard to the date from which the six year period was to be reckoned, in respect of which the returns were to be filed by the third party (whose premises are not searched and in respect of whom the specific provision under Section 153-C was India Law Library Docid # 1603629
(153) 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
(154) 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
(155) 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
(156) MALIK MAZHAR SULTAN AND ANOTHER Vs. U P PUBLIC SERVICE COMMISSION AND OTHERS [SUPREME COURT OF INDIA] 26-09-2023 Judicial Service - Recruitment of Junior Civil Judges - It is undisputed that since 2007 Rule 7B has been substituted so as to allow for the selection process to be conducted under the supervision of a Committee consisting of three representatives of the High Court and three persons representing the State Government, including the Public Service Commission - This arrangement has been followed even in the previous recruitment which was conducted pursuant to the notification dated 14 December 2020 India Law Library Docid # 1603607
(157) RAHIMAL BATHU AND OTHERS Vs. ASHIYAL BEEVI [SUPREME COURT OF INDIA] 26-09-2023 Civil Procedure Code, 1908 (CPC) - Section 115 - Revision - Where an appealable decree has been passed in a suit, no revision should be entertained under Section 115 of the CPC against an order rejecting on merits a review of that decree - Proper remedy for the party whose application for review of an appealable decree has been rejected on merits is to file an appeal against that decree and if, in the meantime, the appeal is India Law Library Docid # 1603608
(158) AJEET GURJAR Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 26-09-2023 Juvenile Justice (Care and Protection of Children) Act, 2015 - Sections 18 and 19 - Jurisdictional Children's Court - Setting aside of requirement of holding an inquiry - Holding an inquiry in terms of clause (i) of sub-section 1 of Section 19 is not an empty formality - Reason is that if the Children's Court comes to the conclusion that there is no need to try the child as an adult, he will be entitled to be treated differently in the sense that action can be taken against him only in terms of India Law Library Docid # 1603635
(159) 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
(160) 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