(21) THE STATE OF KARNATAKA AND OTHERS Vs. G. RAMANARAYANA JOSHI [SUPREME COURT OF INDIA] 17-05-2022 Karnataka Land Revenue Rules, 1966 - Rule 119(2) - Restoration of the forfeited property - Government amended sub-rule (2) to Rule 119 of the Rules 1966 providing for restoration of the forfeited property, if such application is made during a period of not more than one year from the date of the commencement of the amendment i.e. within one year from 08.04.2000 - The said benefit was granted notwithstanding the expiry of the period allowed under sub-rule (1) to that Rule -The appellant taking be
(22) NANJUNDAPPA AND ANOTHER Vs. THE STATE OF KARNATAKA [SUPREME COURT OF INDIA] 17-05-2022 Penal Code, 1860 (IPC) - Section 304(A) read with Section 34 - Causing death by negligence - Electric Shock - No eye witnesses - Benefit of Doubt - For bringing home the guilt of the accused, prosecution has to firstly prove negligence and then establish direct nexus between negligence of the accused and the death of the victim - Appeal Allowed.
(23) SUDHIR RANJAN PATRA (DEAD) THR. LRS. AND ANOTHER Vs. HIMANSU SEKHAR SRICHANDAN AND OTHERS [SUPREME COURT OF INDIA] 17-05-2022 Civil Procedure Code, 1908 (CPC) - Order 9 Rule 13 - Setting aside decree ex parte - When an exparte decree is set aside and the suit is restored to file, the defendants cannot be relegated to the position prior to the date of hearing of the suit when he was placed exparte - He would be debarred from filing any written statement in the suit, but then he can participate in the hearing of the suit inasmuch cross examine the witness of the plaintiff and address arguments.
(24) SATISH KUMAR JATAV Vs. THE STATE OF U.P. AND OTHERS [SUPREME COURT OF INDIA] 17-05-2022 Criminal Procedure Code, 1973 (CrPC) - Section 482 - Inherent Powers - Quashing of Criminal Proceedings - While quashing the criminal proceedings "No useful purpose will be served by prolonging the proceedings of the case" cannot be a good ground and/or a ground at all to quash the criminal proceedings when a clear case was made out for the offences alleged - The High Court must pass a speaking and reasoned order in such matters - Appeal Allowed.
(25) VEERENDRA Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 13-05-2022 Criminal Procedure Code, 1973 (CrPC) - Section 53A - Penal Code, 1860 (IPC) - Sections 364A, 376A, 376(2)(i), 302 and 201 - Protection of Children from Sexual Offence Act, 2012 - Section 6 - Death sentence - Rape and murder - Examination of person accused of rape by medical practitioner - Lapse or omission (purposeful or otherwise) to carry out DNA profiling, by itself, cannot be permitted to decide the fate of a trial for the offence of rape especially, when it is combined with the commission o
(26) KOTAK MAHINDRA BANK LIMITED Vs. NARENDRA JAYANTILAL TRIVEDI AND ANOTHER [SUPREME COURT OF INDIA] 13-05-2022 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) - Sections 13, 13(2), 13(4) 14 and 17 - Order of stay of dispossession of the property till the next date of hearing and also stayed the payment of cost of Rs. 1,00,000 - Appeal against - A number of proceedings were initiated by respondent which he has delayed the proceedings initiated by the bank under the SARFAESI Act, and has stalled the recovery proceedings - Division Bench was n
(27) IBRAT FAIZAN Vs. OMAXE BUILDHOME PRIVATE LIMITED [SUPREME COURT OF INDIA] 13-05-2022 Constitution of India, 1950 - Article 227 - Consumer Protection Act, 2019 - Section 58(1)(a)(iii) - Writ petition against order passed by NCDRC - Maintainability - Writ petition under Article 227 of the Constitution of India against the order passed by the National Commission which has been passed in an appeal under Section 58(1)(a) (iii) of the 2019 Act is maintainable - However, at the same time, it goes without saying that while exercising the powers under Article 227 of the Constitution of I
(28) SURENDRAN Vs. STATE OF KERALA [SUPREME COURT OF INDIA] 13-05-2022 Penal Code, 1860 (IPC) - Section 498A - Evidence Act, 1872 - Section 32(1) - Cruelty - Suicide note and statements of deceased wife - Admissibility - In some circumstances, evidence of a deceased wife with respect to cruelty could be admissible in a trial for a charge under Section 498A of the IPC under Section 32(1) of the Evidence Act - Necessary pre-conditions:
(29) RADHESHYAM BHAGWANDAS SHAH @ LALA VAKIL Vs. STATE OF GUJARAT AND ANOTHER [SUPREME COURT OF INDIA] 13-05-2022 Criminal Procedure Code, 1973 (CrPC) - Section 433 - Pre-mature release - Application for grant of pre-mature release will have to be considered on the basis of the policy which stood on the date of conviction.
(30) THE KERALA STATE COASTAL ZONE MANAGEMENT AUTHORITY MEMBER SECRETARY Vs. MARADU MUNICIPALITY AND OTHERS [SUPREME COURT OF INDIA] 13-05-2022 Housing - Claim of interest - Flat-owners have purchased their apartments by paying instalments somewhere between 2007 to 2013 depending on the construction of the particular building complex - Possession of the flats was handed over to the flat-owners between 2009-2013 and admittedly, the flat-owners were in possession of the flats since 2009-2013 till 2019 when they were asked to vacate the flats for the demolition of the buildings - Amount of Rs.25 lakhs has been paid as interim compensation
(31) DR R. DINESH KUMAR REDDY AND OTHERS Vs. MEDICAL COUNSELLING COMMITTEE (MCC) AND OTHERS [SUPREME COURT OF INDIA] 13-05-2022 Constitution of India, 1950 - Article 32 - Postponement of NEET-PG 2022 Examination - Submission of the petitioners that a postponement of the examination will cause no prejudice to the Union Ministry of Health and Family Welfare is specious - It must be borne in mind is that there is a large number of student - doctors who have registered for the entrance test Over two lakh students have registered for the ensuing examination and their schedule would be seriously affected if a further postponem
(32) BAIJU KG AND OTHERS Vs. DR V P JOY [SUPREME COURT OF INDIA] 13-05-2022 Constitution of India, 1950 - Article 21 - Payment of Compensation to Victims of Endosulfan - Inordinate delay by the State Government in compensating the persons affected by the use of Endosulfan not only reflects its failure to comply with the order of this Court but also further compounds the violation of the fundamental rights of such persons - Failure to redress the infringement of their fundamental rights becomes more egregious with each passing day - State Government was directed to consi
(33) SURESH CHANDRA AND OTHERS Vs. STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 13-05-2022 The Special Leave Petition was filed by showing the applicant - Siya Ram as the first petitioner along with four other petitioners, for taking exception to the judgment and order dated 26th October 2018 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 1815 of 1986. The Sessions Court had convicted the petitioners under Section 302 r/w 149 of the Indian Penal Code, 1860. The High Court, by the impugned judgment, scaled down the offence to the one under Section 304-Part-I
(34) CHHATTISGARH STATE POWER DISTRIBUTION COMPANY LIMITED Vs. CHHATTISGARH STATE ELECTRICITY REGULATORY COMMISSION AND ANOTHER [SUPREME COURT OF INDIA] 12-05-2022 Electricity Act, 2003 - Sections 2, 2(8), 9 and 24(2) - A person who has established a captive generating plant for carrying the electricity to the destination of his own use - Held, A combined reading of Section 9 and Clause (8) of Section 2 of the said Act would reveal that a person is entitled to construct, maintain or operate a captive generating plant - Such a plant should be primarily for his own use - Clause (8) of Section 2 of the said Act would further show that it includes a power plan
(35) ANJANA SARAIYA Vs. THE STATE OF U.P. AND OTHERS [SUPREME COURT OF INDIA] 12-05-2022 MiddleIncome Group Scheme - Cancellation of allotment of plot - Default in making the payment of installment - It is not in dispute that at the time of allotment, the appellant a lady of about 55 years made the upfront payment of Rs. 94,500/ and thereafter made payment towards the first three instalments.
(36) PRABHA TYAGI Vs. KAMLESH DEVI [SUPREME COURT OF INDIA] 12-05-2022 Protection of Women from Domestic Violence Act, 2005 - Enforcement of right to live in a shared household - It is held that it is not mandatory for the aggrieved person, when she is related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or are family members living together as a joint family, to actually reside with those persons against whom the allegations have been levelled at the time of commission of domestic violence.
(37) PTC INDIA FINANCIAL SERVICES LIMITED Vs. VENKATESWARLU KARI AND ANOTHER [SUPREME COURT OF INDIA] 12-05-2022 Contract Act, 1872 - Section 176 - Securities and Exchange Board of India (Depositories and Participants) Regulations, 1996 - Regulation 58 - Depositories Act, 1996 - Whether the Depositories Act, 1996 read with the Regulation 58 of the Securities and Exchange Board of India (Depositories and Participants) Regulations, 1996 has the legal effect of overwriting the provisions relating to the contracts of pledge under the Indian Contract Act, 1872 and the common law as applicable in India
(38) K. RAGUPATHI Vs. THE STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 12-05-2022 Service Law - Reinstatement - Appellant was appointed after he underwent the entire selection process - Even as per the University, though the appointment shows that it is on a contractual basis, for all the purposes, it is on a regular basis - It could thus be seen that even for the appointment on a contractual basis in the said University, a candidate is required to undergo the entire selection process - Though he is appointed on a contractual basis, his terms and conditions are almost like a
(39) URBAN INFRASTRUCTURE REAL ESTATE FUND Vs. DHARMESH S. JAIN AND ANOTHER [SUPREME COURT OF INDIA] 12-05-2022 Contempt of Court - Wilful disobedience of the orders - Respondent has been held guilty for wilful disobedience of the order and rendered himself liable for suitable punishment under the provisions of the Contempt of Courts Act and even thereafter granting them sufficient opportunities to either settle the dispute amicably or comply with the orders of this Court and the High Court, neither the orders have been complied with nor the dispute has been settled amicably - Sentence to undergo seven da
(40) STATE OF RAJASTHAN AND OTHERS Vs. CHETAN JEFF [SUPREME COURT OF INDIA] 11-05-2022 Service Law - Selection - Posts of Constable (General) - If the information disclosed in the application form was found to be wrong and incomplete, such an application form was liable to be rejected at any stage of the selection process.