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(181) VIKAS CHAUDHARY Vs. THE STATE OF DELHI [SUPREME COURT OF INDIA] 21-04-2023
Penal Code, 1860 (IPC) - Sections 302, 364A, 201, read with Section 120B - Kidnapping of ransom and murder - Conviction and sentence - Remission - Appellants kidnapped the deceased, an 18-year-old boy, and sought ransom in exchange - Appellants strangulated the kidnapped boy, burnt his body to eliminate evidence, and disposed of the body in a nala - Sole motive for this crime seems to have been greed. Undoubtedly, there was premeditation in the commission of the crime - Recently, this court, on
India Law Library Docid # 1603078

(182) ANOOP BARTARIA AND ETC. Vs. DY. DIRECTOR ENFORCEMENT DIRECTORATE AND ANOTHER [SUPREME COURT OF INDIA] 21-04-2023
Prevention of Money Laundering Act, 2002 - Sections 19 and 45 - All the offences under the PMLA were, are and shall be "cognizable and non-bailable offences" - Officers authorized under the PMLA Act are empowered to arrest an accused without warrant, subject to the fulfilment of conditions under Section 19 which deals with power to arrest and subject to the conditions enshrined under Section 45.
India Law Library Docid # 1603124

(183) BISHAMBHAR PRASAD Vs. M/S ARFAT PETROCHEMICALS PVT. LTD. AND OTHERS [SUPREME COURT OF INDIA] 20-04-2023
Rajasthan Industrial Areas Allotment Rules, 1959 - Rules 11A and 12 - Allotment of industrial land - There has been an uninterrupted and subsisting relationship of lessor and lessee between the State Government and either J.K. Synthetics Ltd. (JKSL) or Respondent No. 1, in the context of LIA, Kota. From the first lease deed executed in 1967, till date, the State Government has maintained the position of lessor - Lease with JKSL, and all leases thereafter with J.K. Synthetics Ltd. and/or Responde
India Law Library Docid # 1603079

(184) KASHI NATH SINGH @ KALLU SINGH Vs. THE STATE OF JHARKHAND [SUPREME COURT OF INDIA] 20-04-2023
Penal Code, 1860 (IPC) - Sections 302 and 376 - Brutal rape and murder of a 14 year old gir - Life imprisonment - Remission of sentence - Conviction not challenge by the accused - There is no criminal history of accused - Guilt of accused was proved beyond reasonable doubt on account of testimony of direct eye-witnesses - Sentence awarded by the High Court is life imprisonment for the whole of biological life of the accused without any remission - Accused was 26 years of age when the offence was
India Law Library Docid # 1603080

(185) CHARAN SINGH @ CHARANJIT SINGH Vs. THE STATE OF UTTARAKHAND [SUPREME COURT OF INDIA] 20-04-2023
Penal Code, 1860 (IPC) - Sections 304B, 498A and 201 - Cruelty/harassment to wife - Pre-requisites to raise presumption under Section 304B IPC and Section 113B of the Indian Evidence Act having not been fulfilled, the conviction of the appellant cannot be justified - Appeal allowed.
India Law Library Docid # 1603081

(186) SANJAY RAGHUNATH AGARWAL @ HASH THE DIRECTORATE OF ENFORCEMENT [SUPREME COURT OF INDIA] 20-04-2023
Penal Code, 1860 (IPC) - Sections 406, 407, 415 to 420, 120B read with Section 34 - Prevention of Money-laundering Act, 2002 - Section 3, 45 and 46 - Bail - Money-laundering or cheating - Gist of the complaint was, that Farmax availed the services of the accused in raising Global Depository Receipts (GDRs), to the tune of USD 71.09 millions equivalent to INR 318 crores; that though the accused raised the said amount, they transferred to Farmax only a sum of USD 0.4 millions equivalent to INR 2.2
India Law Library Docid # 1603082

(187) IN RE PROBLEMS AND MISERIES OF MIGRANT LABOURERS[SUPREME COURT OF INDIA] 20-04-2023
Registration of migrants/unorganized workers on eShram portal - Without the ration card a migrant/unorganized labourer or his family members may be deprived of the benefit of the schemes and may be the benefit under the National Food Security Act - Therefore, being a welfare State, it is the duty of the concerned State/UT to see that the remaining registrants on eShram, who are still not registered on ration card data and who are not issued the ration cards, they are issued ration cards and the
India Law Library Docid # 1603083

(188) UTTAR HARYANA BIJLI VITRAN NIGAM LIMITED AND ANOTHER Vs. ADANI POWER (MUNDRA) LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 20-04-2023
Power Project Agreement - Railway transportation cost - Change in Law - Savings made in the cost of transportation, i.e., the cost which would have been incurred for transporting the coal from MCL Coal Mine, Talcher to 'X' plant minus the actual cost of transportation has to be passed on to the DISCOMS, which, in turn, has to be passed on to the end consumers - For example, if the cost of transportation per ton from MCL Coal Mine, Talcher to AP(M)L is Rs.100/- and from MCL Coal Mine, Talcher to
India Law Library Docid # 1603084

(189) UTTAR HARYANA BIJLI VITRAN NIGAM LIMITED AND ANOTHER Vs. ADANI POWER (MUNDRA) LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 20-04-2023
Power Purchase Agreement - Relief of increase in tarif on account of Change in Law allowed by CERC & APTEL cannot be said to be a view taken in ignorance of the mandatory statutory provisions nor can it be said that it is based on extraneous consideration. The view also cannot be said to be ex-facie arbitrary or illegal - Appeal dismissed.
India Law Library Docid # 1603085

(190) UTTAR HARYANA BIJLI VITRAN NIGAM LTD. AND ANOTHER Vs. ADANI POWER (MUNDRA) LIMITED AND OTHERS [SUPREME COURT OF INDIA] 20-04-2023
Power Purchase Agreement - No error could be found with the concurrent findings that Adani Power Mundra Limited (AP(M)L) was entitled to Change in Law relief for 100% of the contracted capacity i.e. 1386 MW, which is 70% of the installed capacity of 1980 MW of the Phase IV extension of Mundra Project - In other words, the finding of the CERC and the learned APTEL is to the effect that AP(M)L would not be entitled to any benefit of Change in Law beyond 70% of the installed capacity i.e. 1386 MW -
India Law Library Docid # 1603086

(191) MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED Vs. ADANI POWER MAHARASHTRA LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 20-04-2023
Power Project Agreement - Compensation on account of 'Change in Law' - If there is a Change in any consent, approval or licence available or obtained for the project, otherwise than for the default of the seller, which results in any change in any cost of the business of selling electricity, then the said seller will be governed under Clause 13.1.1 of the PPA - Modification to NCDP 2007 by the communication dated 31st July 2013 would amount to Change in Law and the generating companies would be
India Law Library Docid # 1603087

(192) MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED Vs. ADANI POWER MAHARASHTRA LIMITED AND OTHERS [SUPREME COURT OF INDIA] 20-04-2023
Power Project Agreement - Compensation on account of 'Change in Law' - Expert Committee had found that APML had entered into a PPA based on the assurance of an instrumentality of the Government of India that coal would be provided to it from the Lohara Coal Blocks - However, on account of the reasons that have been elaborately discussed, Lohara Coal Blocks, which was allocated to APML, came to be deallocated for no fault on the part of APML - It is to be noted that the Expert Committee, while ar
India Law Library Docid # 1603088

(193) GMR WARORA ENERGY LIMITED Vs. CENTRAL ELECTRICITY REGULATORY COMMISSION (CERC) AND OTHERS [SUPREME COURT OF INDIA] 20-04-2023
Electricity Act, 2003 - Section 125 - Appeal to Supreme Court - Only permissible on any of the grounds as specified in Section 100 of the Code of Civil Procedure, 1908 and on substantial questions of law
India Law Library Docid # 1603089

(194) DISTRICT BAR ASSOCIATION DEHRADUN Vs. ISHWAR SHANDILYA AND OTHERS [SUPREME COURT OF INDIA] 20-04-2023
Lawyers' Strikes - No member of the Bar can go on strike and/or abstain himself from court working - Time and again, this Court has emphasised and criticized the advocates going on strike and abstaining them from work. If the member of the Bar has any genuine grievance or the difficulty being faced because of the procedural changes in filing/listing of the matters and/or any genuine grievance pertaining to misbehave of any member of the lower judiciary they can very well make a representation an
India Law Library Docid # 1603090

(195) SAP LABS INDIA PRIVATE LIMITED Vs. INCOME TAX OFFICER, CIRCLE 6, BANGALORE [SUPREME COURT OF INDIA] 19-04-2023
Income Tax Act, 1961 - Section 260A - Determination of arm's length price - Whether in every case where the Tribunal determines the arm's length price, the same shall attain finality and the High Court is precluded from considering the determination of the arm's length price determined by the Tribunal, in exercise of powers under Section 260A of the Act? - Held, while determining the arm's length price, the Tribunal has to follow the guidelines stipulated under Chapter X of the IT Act, namely, S
India Law Library Docid # 1603059

(196) GWALIOR DEVELOPMENT AUTHORITY AND ANOTHER Vs. BHANU PRATAP SINGH [SUPREME COURT OF INDIA] 19-04-2023
Constitution of India, 1950 - Article 226 - Registration Act, 1908 - Section 17 - Lease deed was to be compulsorily registered under Section 17 of the Registration Act, 1908, it cannot open to be altered or amend by the High Court in exercise of its jurisdiction under Article 226 of the Constitution.
India Law Library Docid # 1603060

(197) LAND ACQUISITION COLLECTOR (SOUTH) Vs. HARI CHAND AND ANOTHER [SUPREME COURT OF INDIA] 19-04-2023
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - Appeal against - Relying upon the decision of Pune Municipal Corporation and Anr. vs. Harakchand Misirimal Solanki and Ors., (2014) 3 SCC 183, the High Court has allowed the said writ petition and has declared that the acquisition with respect to the land in question is deemed to have lapsed on the ground that the compensation with respec
India Law Library Docid # 1603066

(198) DELHI DEVELOPMENT AUTHORITY Vs. SHIV RAJ AND OTHERS [SUPREME COURT OF INDIA] 19-04-2023
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - Appeal against - Relying upon the decision of Pune Municipal Corporation and Anr. vs. Harakchand Misirimal Solanki and Ors., (2014) 3 SCC 183, the High Court has allowed the said writ petition and has declared that the acquisition with respect to the land in question is deemed to have lapsed on the ground that the compensation with respec
India Law Library Docid # 1603067

(199) THE STATE OF MAHARASHTRA Vs. MAHESH KARIMAN TIRKI AND OTHERS [SUPREME COURT OF INDIA] 19-04-2023
Unlawful Activities (Prevention) Act, 1967 - Sections 13, 18, 20, 38 and 39 - Penal Code, 1860 (IPC) - Section 120B - Maoist links - Appeal against acquittal - High Court has discharged/acquitted the accused solely on the ground of invalid sanction and in absence of sanction in the case of one of the accused - Broad consensus between the respective parties
India Law Library Docid # 1603264

(200) STATE OF UTTARAKHAND Vs. UMESH KUMAR SHARMA AND OTHERS [SUPREME COURT OF INDIA] 19-04-2023
Criminal Procedure Code, 1973 (CrPC) - Section 173 - In case of quashing of the criminal proceedings/FIRs by the High Court, there is no question of preparing/filing a closure report under Section 173 Cr.P.C. - Present order be sent to the Chief Secretary and the Sectary (Home Department) of the State and the Director General of Police of the State to circulate it to all the Police Stations in the State so that such practice is discontinued.
India Law Library Docid # 1603274

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