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(161) SUNIL KUMAR Vs. STATE OF U.P. AND ANOTHER [SUPREME COURT OF INDIA] 03-08-2023
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Quashing of chargesheet - Offence under Sections 323, 504 and 506 of IPC - Allegations are of very trivial nature - No progress made in proceedings since the chargesheet was filed against the accused-appellant in the year 2015 - Continuing the proceedings would be a persecution and harassment to the appellant - As such a petty incident which took place in their office should have been resolved by the parties on that day itself, instead of stre
India Law Library Docid # 1603418

(162) AVTAR SINGH AND ANOTHER Vs. STATE OF PUNJAB [SUPREME COURT OF INDIA] 02-08-2023
Penal Code, 1860 (IPC) - Sections 366, 376, 376(2)(g), 342, 506 and 34 - Rape - Acquittal - Clothes of prosecutrix handed over to the police were having stains of semen, however, no scientific evidence was produced to link the same with the accused - Conviction and sentence set aside - Appeal allowed. (Para 8)
India Law Library Docid # 1603414

(163) E.S.I. CORPORATION, REP. BY THE REGIONAL DIRECTOR Vs. M/S. ENDOCRINOLOGY AND IMMUNOLOGY LAB [SUPREME COURT OF INDIA] 02-08-2023
Employees State Insurance Act, 1948 - Section 1(4) - A notification issued on 06.09.2007 by the Government of Kerala covering Medical institutions which included nursing homes, diagnostic centres and pathological laboratories employing 20 or more persons were brought under the ambit of the Employees State Insurance Act, 1948 - High Court rightly held that the provisions of Employees State Insurance Act, 1948 will be applicable to the respondent establishment w.e.f. 06.09.2007 and not from 22.11.
India Law Library Docid # 1603415

(164) YADAIAH AND ANOTHER Vs. STATE OF TELANGANA AND OTHERS [SUPREME COURT OF INDIA] 01-08-2023
Res judicata - Doctrine of - Only determinations which are fundamental would result in the application of the doctrine of res judicata - Any determination, despite being deliberate or formal, cannot give rise to application of the doctrine of res judicata if they are not fundamental in nature. (Para 43 and 45)
India Law Library Docid # 1603408

(165) THE STATE OF RAJASTHAN AND OTHERS Vs. SHARWAN KUMAR KUMAWAT ETC. ETC [SUPREME COURT OF INDIA] 01-08-2023
Mines and Minerals (Development and Regulation) Act, 1957 - Section 15 - Rajasthan Minor Mineral Concession Rules, 1986 - Rules 4(10) and 7(3) - Power of State Governments to make rules in respect of minor minerals - There is no right vested over an application made which is pending seeking lease of a Government land or over the minerals beneath the soil in any type of land over which the Government has a vested right and regulatory control - In other words, a mere filing of an application ipso
India Law Library Docid # 1603409

(166) NIRMALA DEVI Vs. STATE OF HIMACHAL PRADESH [SUPREME COURT OF INDIA] 01-08-2023
Penal Code, 1860 (IPC) - Sections 302 and 304-I - Murder of husband - Alteration of sentence - Sudden provocation - Testimony of daughter - Accused-mother asked to deceased-father to give Rs. 500 for daughter wanted to take part in the NCC Camp. Thereafter, a quarrel started between her father and mother. Her mother gave blows with a stick on the head and legs of her father. Her father sustained injuries, which led to his death - Weapon used in the crime is a stick which was lying in the house,
India Law Library Docid # 1603411

(167) MD. ASFAK ALAM Vs. THE STATE OF JHARKHAND AND ANOTHER [SUPREME COURT OF INDIA] 31-07-2023
Penal Code, 1860 (IPC) - Section 498A - Cruelty - Power to arrest - Police officers do not arrest the accused unnecessarily and Magistrate do not authorize detention casually and mechanically.
India Law Library Docid # 1603407

(168) YOGENDRA PRASAD SINGH (DEAD) THROUGH LRS Vs. RAM BACHAN DEVI AND OTHERS [SUPREME COURT OF INDIA] 31-07-2023
Transfer of Property Act, 1882 - Section 54 - Sale deed - Use of the expression 'ta khubzul badlain' in a sale deed by itself will not be determinative of the true nature of the transaction - Practice of 'ta khubzul badlain' in Bihar recognises that a duly executed sale deed will not operate as a transfer in praesenti but postpones the actual transfer of title, from the time of execution and registration of the deed, to the time of exchange of equivalents, that is, registration receipt and the s
India Law Library Docid # 1603412

(169) ASHOK KUMAR Vs. NEW INDIA ASSURANCE CO. LTD. [SUPREME COURT OF INDIA] 31-07-2023
Consumer Protection Act, 1986 - Section 24A - Penal Code, 1860 (IPC) - Sections 378 and 379 - Theft of vehicle - Insurance claim - Breach of condition - Any violation of condition should be in the nature of a fundamental breach so as to deny the claimant any amount - Claim up to 75% must be awarded on a non-standard basis
India Law Library Docid # 1603413

(170) VERNON Vs. THE STATE OF MAHARASHTRA AND ANOTHER [SUPREME COURT OF INDIA] 28-07-2023
Penal Code, 1860 (IPC) - Sections 121, 121A, 124A, 153A, 505(1)(b), 117, 120B read with Section 34 - Unlawful Activities (Prevention) Act, 1967 - Sections 13, 15(1)(b), 16, 17, 18, 18B, 20, 38, 39, 40 and 43D(5) - Bail - Terrorist Activity - Connection with caste-based violence and links with the proscribed far-left outfit, Communist Party of India (Maoists) - Mere possession of the literature, even if the content thereof inspires or propagates violence, by itself cannot constitute any of the of
India Law Library Docid # 1603398

(171) GOSTHO BEHARI DAS Vs. DIPAK KUMAR SANYAL AND OTHERS [SUPREME COURT OF INDIA] 28-07-2023
National Medical Commission Act, 2019 - Contempt of Courts Act, 1971 - Section 12 - Contempt of court - Suspension of license to practice medicine - Whether suspension of license to practice medicine is alien to the nature and types of punishment and penalties specified under the Contempt of Courts Act, 1971? - Held, a medical practitioner guilty of contempt of Court may also be so for professional misconduct but the same would depend on the gravity/nature of the contemptuous conduct of the pers
India Law Library Docid # 1603402

(172) SANDEEP KUMAR Vs. THE STATE OF HARYANA AND ANOTHER [SUPREME COURT OF INDIA] 28-07-2023
Criminal Procedure Code, 1973 (CrPC) - Section 319 - Penal Code, 1860 (IPC) - Sections 458, 460, 323, 285, 302, 148 and 149 - Summoning of additional accused - Merits of the evidence has to be appreciated only during the trial, by cross examination of the witnesses and scrutiny of the Court - This is not to be done at the stage of Section 319, though this is precisely what the High Court has done in the present case - High Court did not appreciate the important fact that the charges being faced
India Law Library Docid # 1603403

(173) EX SEPOY MADAN PRASAD Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 28-07-2023
Army Act, 1950 - Sections 39(b) and 63 - Dismissal from Service - Army driver - Unauthorizedly absent for 108 days - Habitual offender - There were four red ink entries and one black ink entry against him before the present incident - Such gross indiscipline on the part of the appellant who was a member of the Armed Forces could not be countenanced - He remained out of line far too often for seeking condonation of his absence of leave, this time, for a prolonged period of 108 days which if accep
India Law Library Docid # 1603404

(174) B.P. NAAGAR AND OTHERS Vs. RAJ PAL SHARMA [SUPREME COURT OF INDIA] 28-07-2023
Court Fees Act, 1870 - Section 7 - Suits Valuation Act, 1887 - Section 8 - Valuation for the purpose of jurisdiction of suit - Section 8 of the Suits Valuation Act provides that the value as determinable for the computation of court fees and the value for the purposes of jurisdiction shall be the same - There can be little doubt that the effect of the provisions of Section 8 is to make the value for the purpose of jurisdiction dependent upon the value as determinable for computation of court fee
India Law Library Docid # 1603401

(175) NO.15138812Y L/NK GURSEWAK SINGH Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 27-07-2023
Penal Code, 1860 (IPC) - Sections 302 and 304-I - Army Act, 1950 - Section 69 - Murder - Conviction and Sentence - Alteration of - Appellant-accused contended that case will be governed by exception 4 to Section 300 of IPC as the incident was an outcome of a sudden fight and he acted in a heat of passion - Counsel for respondent pointed out that exception 4 to Section 300 will not apply in this case, as it cannot be said that there was a sudden fight and the accused has acted in a "cruel manner"
India Law Library Docid # 1603396

(176) M/S UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD. Vs. SURESH CHAND JAIN AND ANOTHER [SUPREME COURT OF INDIA] 26-07-2023
Constitution of India, 1950 - Article 136 - SLP Against NCDRC Order - Consumer Protection Act, 1986 and Consumer Protection Act, 2019 provide for the remedy of appeal to Supreme Court only with respect to the orders which are passed by the NCDRC in its original jurisdiction or as the court of first instance (original orders) and no further appeal lies against the orders which are passed by the NCDRC in exercise of its appellate or revisional jurisdiction.
India Law Library Docid # 1603397

(177) DILIP KUMAR Vs. BRAJRAJ SHRIVASTAVA AND ANOTHER [SUPREME COURT OF INDIA] 26-07-2023
Criminal Procedure Code, 1973 (CrPC) - Sections 200(1) and 203 - Dismissal of complaint - Examination of complainant and witnesses - After taking recourse to sub-Section (1) of Section 202 of the Cr.P.C., before dismissing a complaint by taking recourse to Section 203 of the Cr.P.C., the learned Magistrate has to consider the statements of the complainant and his witnesses - In this case, the learned Magistrate has not examined the other witnesses - No error when the High Court came to the concl
India Law Library Docid # 1603438

(178) SURESH THIPMPPA SHETTY AND OTHERS Vs. THE STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 26-07-2023
Penal Code, 1860 (IPC) - Section 302 and 120-B - Murder - Criminal conspiracy - Accused were not present at the spot where the crime was committed i.e., in the car nor any direct/specific role in commission of the offence being attributed to them - Presumption of innocence in favour of the accused and insistence on the Prosecution to prove its case beyond reasonable doubt are not empty formalities - Conviction and sentence set-aside - Appeal allowed.
India Law Library Docid # 1603504

(179) HEM RAJ Vs. THE NEW INDIA ASSURANCE CO. LTD. [SUPREME COURT OF INDIA] 25-07-2023
Insurance - Claim for medical expenses - Insurance company has not disputed that the evidence regarding reimbursement of medical expenses was on record in the form of medical bills - Medical bills which have been issued by Hospital and Research Centre, as per which appellant had incurred expenditure - Copies of the medical bills by way of filing an application for filing additional documents - National Commission error in declined claim for reimbursement of medical expenses due to absence of sup
India Law Library Docid # 1603391

(180) BHARATIYA KAMGAR KARMACHARI MAHASANGH Vs. M/S. JET AIRWAYS LTD. [SUPREME COURT OF INDIA] 25-07-2023
Labour Law - Settlement - Model Standing Order - Any settlement, the employee Union enters into with the Employer would not override the Model Standing Order, unless it is more beneficial to the employees.
India Law Library Docid # 1603393