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(161) BALRAM GARG Vs. SECURITIES AND EXCHANGE BOARD OF INDIA [SUPREME COURT OF INDIA] 19-04-2022
Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 2015 - Regulation 3 - Communication or procurement of unpublished price sensitive information - In the absence of any material available on record to show frequent communication between the parties, there could not have been a presumption of communication of UPSI by the appellant - Regulation 3 of the PIT Regulations, which deals with communication of UPSI, does not create a deeming fiction in law. Hence, it is

(162) NEMAI CHANDRA DEY (DEAD) THROUGH LRS. Vs. PRASANTA CHANDRA (DEAD) THROUGH LRS. AND ANOTHER [SUPREME COURT OF INDIA] 19-04-2022
Civil Procedure Code, 1908 (CPC) - Order 41 Rule 31 - It is the bounden duty of the first appellate Court to deal with appeals within the confines of law and keeping in mind the principles which have been enumerated under Order XLI Rule 31.

(163) JAGJEET SINGH AND OTHERS Vs. ASHISH MISHRA @ MONU AND ANOTHER [SUPREME COURT OF INDIA] 18-04-2022
Criminal Procedure Code, 1973 (CrPC) - Section 2(wa) - Penal Code, 1860 (IPC) - Sections 147, 148, 149, 302, 307, 326 read with Sections 34 and 120­B - Arms Act, 1959 - Sections 3, 25 and 30 - Lakhimpur Kheri Violence Case - Several farmers crushed to death under Car - Cancellation of Bail - Whether a 'victim' as defined under Section 2(wa) of the Code of Criminal Procedure, 1973 is entitled to be heard at the stage of adjudication of bail application of an accused? - Held, A 'victim' within the

(164) M/S JERSEY DEVELOPERS (P) LIMITED AND OTHERS Vs. CANARA BANK [SUPREME COURT OF INDIA] 13-04-2022
Civil Law - Additional opportunity to defend the suit - Summons/notices issued by the learned Trial Court were returned 'unclaimed' as the same were sent at the address at Chennai and the house was closed as the appellants herein original defendants were staying in USA and thereafter the said house was sold and so as to give one additional opportunity to the defendants to defend the suit and as by now entire decretal amount is deposited by the appellants to show their bonafides and therefore the

(165) SANJAY PATEL AND ANOTHER Vs. THE STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 13-04-2022
Juvenile Justice (Care and Protection) Act, 2000 - Sections 4 and 7A - Penal Code, 1860 (IPC) - Section 302 - Murder - Life imprisonment - Plea of Juvenility - When the offence was committed, the provisions of the Juvenile Justice (Care and Protection) Act, 2000 were in force - As per the 2000 Act, only the Juvenile Justice Board constituted under Section 4 thereof had jurisdiction to try a juvenile in conflict with the law - Under Section 7A of the 2000 Act, an accused was entitled to raise a c

(166) INDRESH KUMAR MISHRA AND OTHERS Vs. THE STATE OF JHARKHAND AND OTHERS [SUPREME COURT OF INDIA] 13-04-2022
Education Law - As per the settled proposition of law, in the field of education, the Court of Law cannot act as an expert normally, therefore, whether or not a student/candidate is possessing the requisite qualification should better be left to the educational institutions, more particularly, when the Expert Committee considers the matter.

(167) HARISH CHANDRA SHRIVASTAVA Vs. THE STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 13-04-2022
Bihar Private Medical (Indian System of Medicine) College (Taking over) Act, 1985 - Section 6(2) - Determination of terms of the teaching staff and other employees of the College - Section 6(2) authored the Committee constituted by the State Government to examine the bio-data of each of the member of the teaching staff in reference to appointment, promotion and confirmation made in accordance with the relevant Statute and the State Government in terms of Section 6(3) of the Act will take a call

(168) KAMATCHI Vs. LAKSHMI NARAYANAN [SUPREME COURT OF INDIA] 13-04-2022
Criminal Procedure Code, 1973 (CrPC) - Section 468 - Application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 - Bar to taking cognizance after lapse of the period of limitation - Provisions of the Act contemplate filing of an application under Section 12 to initiate the proceedings before the concerned Magistrate - After hearing both sides and after taking into account the material on record, the Magistrate may pass an appropriate order under Section 12 of the Act

(169) DENTAL COUNCIL OF INDIA Vs. BIYANI SHIKSHAN SAMITI AND ANOTHER [SUPREME COURT OF INDIA] 12-04-2022
Constitution of India, 1950 - Article 19(1)(g) - Right to establish an educational institution can be regulated - However, such regulatory measures must, in general, be to ensure the maintenance of proper academic standards, atmosphere and infrastructure and the prevention of maladministration (See : T.M.A. Pai Foundation and others vs. State of Karnataka and others, (2002) 8 SCC 481 : Docid # IndLawLib/294563):

(170) SANJAY GUPTA AND OTHERS Vs. STATE OF UTTAR PRADESH THROUGH ITS CHIEF SECRETARY AND OTHERS [SUPREME COURT OF INDIA] 12-04-2022
Constitution of India, 1950 - Articles 21, 32 and 226 - Meerut Fire Tragedy 2006 - Liability to Compensate Victims - Contractor has worked for the Organizers and not for the victims - Hence, the Organizers alone are responsible to protect the life and liberty of the victims - Liability between the Organizers and State as 60:40 - No dispute was raised regarding percentage of liability determined by any of the party to the present proceedings - Infringement of Article 21 may be an individual case

(171) SHANKARLAL NADANI Vs. SOHANLAL JAIN [SUPREME COURT OF INDIA] 12-04-2022
Rajasthan Rent Control Act, 2001 - Section 18 - Suit for possession - Jurisdiction of Civil Court - Section 18 does not talk about the validity of any decree of the civil court but only restricts the jurisdiction of the civil court from the date the Act became applicable - Act has come into force in respect of the premises in question on 11.5.2015 i.e., after the civil suit was filed, therefore, the decree could validly be passed and executed - After the applicability of the Act to the area in q

(172) ASHUTOSH KUMAR Vs. THE FILM AND TELEVISION INSTITUTE OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 12-04-2022
Education Law - A person who is colour blind is permitted to enroll for ALL courses offered by Films and Television Institute of India - There is no bar to admissions to the FTII for colorblind individuals.

(173) CENTRAL COUNCIL FOR INDIAN MEDICINE Vs. KARNATAKA AYURVEDA MEDICAL COLLEGE AND OTHERS [SUPREME COURT OF INDIA] 11-04-2022
Indian Medicine Central Council Act, 1970 - Section 13A read with Sections 22 and 36(1)(j) - Scheme for establishment of medical college, opening a new or higher course of study or training, including a post­graduate course of study or training, and also increasing the admission capacity - No person is entitled to establish a medical college except with the previous permission of the Central Government - Similarly, no medical college can open a new or higher course of study or training, includin

(174) SECURITIES AND EXCHANGE BOARD OF INDIA Vs. IL AND FS SECURITIES SERVICES LTD. AND OTHERS
IN THE MATTER OF: DALMIA CEMENT (BHARAT) LTD......APPLICANT/RESPONDENT NO.5.[SUPREME COURT OF INDIA] 11-04-2022

Banking - Release of mutual funds - Securities need to be released in favour of the applicant - Operative part of the order dated 21.09.2021 deserves to be modified and, accordingly, the same is modified to the extent that instead of bank guarantee for a sum of Rs.344.07 Crores, which has been furnished by applicant/Respondent No.5, in terms of order dated 16.03.2021, the applicant shall now furnish bank guarantee for a sum of Rs.100 Crores and it shall further furnish a corporate guarantee to t

(175) JAHIR HAK Vs. THE STATE OF RAJASTHAN [SUPREME COURT OF INDIA] 11-04-2022
Criminal Procedure Code, 1973 (CrPC) - Section 439 - Unlawful Activities (Prevention) Act, 1967 - Sections 10, 13, 15, 16, 17, 18, 18A, 18B, 19, 20, 23, 38 and 43D(5) - Bail to UAPA accused - Case against the appellant appears to be largely the fact that he was found to be in touch with one of the accused and which is sought to be made good by conversations which the appellant is alleged to have engaged in with that accused on 31 occasions, who is a co-villager. According to the respondent, the

(176) P. RAMASUBBAMMA Vs. V. VIJAYALAKSHMI AND OTHERS [SUPREME COURT OF INDIA] 11-04-2022
Specific Relief Act, 1963 - Sections 20 and 34 - Suit for specific performance of agreement to sell - Once the execution of agreement to sell and the payment/receipt of advance substantial sale consideration was admitted by the vendor, thereafter nothing further was required to be proved by the plaintiff-vendee - Therefore, as such the learned Trial Court rightly decreed the suit for specific performance of agreement to sell - High Court was not required to go into the aspect of the execution of

(177) KUNTI KUMARI Vs. THE STATE OF JHARKHAND [SUPREME COURT OF INDIA] 08-04-2022
Penal Code, 1860 (IPC) - Section 504 - Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(i)(x) - Probation of Offenders Act, 1958 - Sections 3 and 11 - Power of court to release certain offenders after admonition - Section 3 of the 1958 Act confers power upon the court to release certain offenders after admonition when a person is found guilty of having committed an offence punishable under Section 379 or Section 380 or Section 381 or Section 404 or Secti

(178) STATE OF RAJASTHAN Vs. BANWARI LAL AND ANOTHER [SUPREME COURT OF INDIA] 08-04-2022
Penal Code, 1860 (IPC) - Section 307 - Attempt to murder - Merely because a long period has lapsed by the time the appeal is decided cannot be a ground to award the punishment which is disproportionate and inadequate - High Court reducing the sentence to the period already undergone (44 days) from three years rigorous imprisonment imposed by the learned trial Court in respect of accused is absolutely unsustainable - Appeal allowed.

(179) DR. JOE JOSEPH AND OTHERS Vs. STATE OF TAMIL NADU AND OTHERS [SUPREME COURT OF INDIA] 08-04-2022
Dam Safety Act, 2021 - Section 9 - Mullaperiyar dam dispute - Until the regular National Dam Safety Authority (NDSA) becomes functional, the Supervisory Committee, as reconstituted in terms of this order, shall be accountable for all matters relating to safety of the Dam including referred to in the 2021 Act and discharge the functions of NDSA specified in Section 9 of the 2021 Act.

(180) NOEL HARPER AND OTHERS Vs. UNION OF INDIA AND ANOTHERS [SUPREME COURT OF INDIA] 08-04-2022
Constitution of India, 1950 - Article 32 - Constitutional validity of the amendments to the provisions of the Foreign Contribution (Regulation) Act, 2010 vide the Foreign Contribution (Regulation) Amendment Act, 2020 - Mere plea of inconvenience is not enough to attract the constitutional inhibition - The Courts ought not to adopt a doctrinaire approach in construing the amended provisions and undermine the legislative intent of strengthening the regulatory mechanism concerning foreign contribut

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