(141) SHAKUNTALA Vs. STATE OF KARNATAKA AND OTHERS [SUPREME COURT OF INDIA] 28-04-2023 Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 - Section 4(1) - Order of annulment of illegal transfers of land - Delay and laches - If no limitation is prescribed in the statute, the party concerned ought to approach the competent Court or authority within reasonable time, beyond which no relief could be granted - Karnataka High Court and the authorities of the State of Karnataka erred in adopting a rather pedantic and hidebound approach in India Law Library Docid # 1603142
(142) SANTOSH @ BHURE Vs. STATE (G.N.C.T.) OF DELHI [SUPREME COURT OF INDIA] 28-04-2023 Penal Code, 1860 (IPC) - Sections 302 read with 34 and 120-B - Murder - Acquittal - Mere presence of a dead body in an apartment is not enough to convict a tenant or owner of that apartment for murder, particularly when there is no admissible evidence to prove that around the plausible time of murder the accused was present there, or was last seen with the deceased, and had motive to finish off the deceased India Law Library Docid # 1603145
(143) STATE OF MADHYA PRADESH Vs. PHOOLCHAND RATHORE [SUPREME COURT OF INDIA] 28-04-2023 Penal Code, 1860 (IPC) - Sections 302 and 201 - Murder of wife - Acquittal - Case based on circumstantial evidence - Absence of motive - No doubt absence of motive by itself may not be sufficient to dislodge the prosecution case if the other proven circumstances could form a chain so complete as to indicate that in all human probability it is the accused and no one else who committed the crime but, in a case based on circumstantial evidence, motive plays an important part - Because, not only it India Law Library Docid # 1603146
(144) T.N. GODAVARMAN THIRUMULPAD Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 28-04-2023 Environmental Law - Mining activity in Eco-Sensitive Zone (ESZ) - Whether mining activities would be permissible beyond the distance of one kilometer from the boundary of the Protected Area, irrespective of the fact that such an area falls under the Eco-Sensitive Zone (ESZ) notified by the Ministry of Environment, Forest and Climate Change (MoEF) - Held, any activity, which is prohibited by both the guidelines as well as the ESZ notification shall strictly be prohibited. Since the mining activit India Law Library Docid # 1603257
(145) RAJIV KUMAR JINDAL AND OTHERS Vs. BCI STAFF COLONY RESIDENTIAL WELFARE ASSOCIATION AND OTHERS [SUPREME COURT OF INDIA] 27-04-2023 Auction - Bank guarantee - Successful purchaser has to furnish a bank guarantee valid for a period of one year within 15 days of intimation regarding acceptance of the bid and the balance of the purchase consideration has to be paid in two instalments of 50% and 48% of the total selling price payable respectively before the end of 45 days and 90 days from the date of intimation of final acceptance of the bid is dispatched at his notified address which is the requirement in terms of clause (h) an India Law Library Docid # 1603112
(146) THE STATE OF UTTAR PRADESH AND OTHERS Vs. RACHNA HILLS AND OTHERS [SUPREME COURT OF INDIA] 27-04-2023 Uttar Pradesh Intermediate Education Act, 1921 - Section 16-FF(3) - Appointment of Teachers - Process of appointment cannot be said to have been concluded without obtaining the mandatory approval of the District Inspector of Schools (DIOS), and as such, there is no right, much less a vested right, of the candidate to be appointed - Sub-section (3) of section 16-FF of the Act India Law Library Docid # 1603143
(147) SUMIT SUBHASCHANDRA GANGWAL AND ANOTHER Vs. THE STATE OF MAHARASHTRA AND ANOTHER [SUPREME COURT OF INDIA] 27-04-2023 Interim protection from arrest - Delay of in lodging of FIR - No material to show that the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, were invoked - Inordinate delay in passing an order pertaining to liberty of a citizen is not in tune with the constitutional mandate - Interim protection from arrest granted. India Law Library Docid # 1603251
(148) ANSAL THEATRES AND CLUBOTELS P. LTD Vs. STATE THROUGH CBI [SUPREME COURT OF INDIA] 27-04-2023 Criminal Procedure Code, 1973 (CrPC) - Section 452 - De-sealing/Release of theater (Uphaar) - Uphaar Fire Tragedy - 59 people died of asphyxiation after being trapped in the hall, while 103 were seriously injured in an ensuing stampede to escape - If the appellant makes an application within the meaning of Section 452 of the Cr.P.C. before the concerned trial Court for the de-sealing/release of the theater in question to it India Law Library Docid # 1603272
(149) STATE OF GUJARAT AND OTHERS ETC. Vs. DR. P. A. BHATT AND OTHERS ETC. [SUPREME COURT OF INDIA] 26-04-2023 Service Law - Even while recognizing the importance of Ayurved doctors and the need to promote alternative/indigenous systems of medicine, cannot be oblivious of the fact that both categories of doctors are certainly not performing equal work to be entitled to equal pay - Allopathy doctors are required to perform emergency duties and to provide trauma care - By the very nature of the science that they practice and with the advancement of science and modern medical technology, the emergency duty India Law Library Docid # 1603105
(150) RITU CHHABARIA Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 26-04-2023 Criminal Procedure Code, 1973 (CrPC) - Section 167(2) - Penal Code, 1860 (IPC) - Section 120(B) read with Section 420 - Prevention of Corruption Act, 1988 - Sections 7,12 and 13(2) read with Section 13(1)(d) - Default bail - Right of default bail under Section 167(2) of the CrPC is not merely a statutory right, but a fundamental right that flows from Article 21 of the Constitution of India - During the pendency of the investigation, supplementary chargesheets were filed by the Investigation Agen India Law Library Docid # 1603106
(151) MUKUL AGARWAL AND OTHERS Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 26-04-2023 Clarification of order - Applicant cannot be permitted to seek clarification of the order by way of an intervention as the same is a matter to be considered by the concerned court, where the proceedings in respect of the applicant is pending. India Law Library Docid # 1603107
(152) VIJAY KUMAR GHAI AND OTHERS Vs. STATE OF WEST BENGAL AND OTHERS [SUPREME COURT OF INDIA] 26-04-2023 Clarification of order - Applicant cannot be permitted to seek clarification of the order by way of an intervention as the same is a matter to be considered by the concerned court, where the proceedings in respect of the applicant is pending. India Law Library Docid # 1603108
(153) BOTHILAL Vs. THE INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAU [SUPREME COURT OF INDIA] 26-04-2023 Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 8(c) read with Sections 21(c), 27A, 28 and Section 29 - Evidence Act, 1872 - Section 25 - Possession of 5.067 kilograms of heroin - Acquittal - Confessional statements were made by the accused to an police officer empowered under Section 53 of the NDPS Act and hence, bar of Section 25 of the Evidence Act, the confessional statements will have to be kept out of consideration - Prosecution has not proved beyond a reasonable doubt that India Law Library Docid # 1603110
(154) SHRI RAKESH RAMAN Vs. SMT. KAVITA [SUPREME COURT OF INDIA] 26-04-2023 Hindu Marriage Act, 1955 - Section 13(1)(ia) - Divorce - Relationship must end as its continuation is causing cruelty on both the sides - Long separation and absence of cohabitation and the complete breakdown of all meaningful bonds and the existing bitterness between the two, has to be read as cruelty under Section 13(1) (ia) of the 1955 Act - In a given case, such as the one at hand, where the marital relationship has broken down irretrievably, where there is a long separation and absence of c India Law Library Docid # 1603111
(155) THE SUB REGISTRAR, AMUDALAVALASA AND ANOTHER Vs. M/S DANKUNI STEELS LTD. AND OTHERS [SUPREME COURT OF INDIA] 26-04-2023 Transfer of Property Act, 1882 - Section 8 - Operation of transfer - Mere fact that there is no express reference to plant and machinery in the Recital Clause cannot mean that the interest in the plant and machinery which stood attached to the land, which was scheduled, was not conveyed to the vendee - Intention of the parties become self-evident that the vendor intended to convey, all things, which inter alia stood attached to the earth. India Law Library Docid # 1603109
(156) IN RE: T.N. GODAVARMAN THIRUMULPAD Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 26-04-2023 B. Environment (Protection) Rules, 1986 - Rule 5(3) - Draft notification - As required under sub-rule (3) of Rule 5 of the 1986 Rules, before any final notification is issued, a draft notification is required to be published in the Official Gazette and in such other manner as the Central Government may deem necessary from time to time - Any person interested in filing any objection to such a draft notification is entitled to file objection within a period of 60 days from the date of publication India Law Library Docid # 1603104
(157) HASUBHAI KAMABHAI THAKOR Vs. THE STATE OF GUJARAT [SUPREME COURT OF INDIA] 26-04-2023 Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 2(iii)(b) - Supplying of Ganja Seeds - Materials on record show that the petitioner has supplied Ganja seed for cultivation and as per the definition of Ganja in Section 2(iii)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, it is not a banned contraband - There are no specific allegation that the Ganja seeds were supplied by the petitioner to the other person with an intention to receive back the grown Ganja after cu India Law Library Docid # 1603244
(158) RAVINDER SINGH Vs. THE STATE GOVT. OF NCT OF DELHI. [SUPREME COURT OF INDIA] 25-04-2023 Penal Code, 1860 (IPC) - Sections 376, 377 and 506 - Rape of 9-year-old girl - Quantum of sentence - Where allowing the convict sentenced to life imprisonment to seek release after a 14-year-term would tantamount to trivializing the very punishment imposed on such convict - Needless to state, cogent reasons have to be recorded for exercising such power on the facts of a given case and such power must not be exercised casually or for the mere asking - Ends of justice would be sufficiently served India Law Library Docid # 1603099
(159) HARBHAJAN SINGH Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 25-04-2023 Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 25 - Possession of contraband substances in a truck - Conviction and sentence - Appeal against - No material was produced against the Appellant to discharge initial burden to prove the foundational facts that the offence was committed with the knowledge and consent of the Appellant - It is a case in which he was not with the vehicle nor was he arrested from the spot when the accident occurred or when truck and contraband were taken i India Law Library Docid # 1603100
(160) SHANTI BHUSHAN (D) THR. LR. AND OTHERS Vs. STATE OF U.P. AND OTHERS [SUPREME COURT OF INDIA] 25-04-2023 Stamp Act, 1899 - Section 31, 32 and 47A - Adjudication of the stamp - When a sale deed is presented for registration, the registering authority must ascertain the correct market value of the property subject matter of the document on the date of execution of the document - Stamp duty is payable on the basis of such market value and not on the consideration mentioned in the document - If the consideration mentioned is more than the market value, the stamp duty will be payable on the consideratio India Law Library Docid # 1603101