(21) M/S. CREATIVE GARMENTS LIMITED Vs. KASHIRAM VERMA [SUPREME COURT OF INDIA] 16-03-2023 Payment of Wages Act, 1936 - Section 15(2) and 16 - If an application is filed by an individual, there is a specific requirement of furnishing permanent address of the applicant as per Form-A. If an application is to be filed by a group of persons all the applicants are required to furnish their addresses as per Form-B annexed to Payment of Wages (Procedure) Rules 1937. India Law Library Docid # 1602842
(22) PRADEEP KUMAR Vs. STATE OF CHHATTISGARH [SUPREME COURT OF INDIA] 16-03-2023 Penal Code, 1860 (IPC) - Section 302/34 read with 201/34 - Murder - Acquittal - Cardinal principles in the administration of criminal justice in cases where heavy reliance is placed on circumstantial evidence, is that where two views are possible, one pointing to the guilt of the accused and the other towards his innocence, the one which is favourable to the accused must be adopted - Circumstances present before, taken together, do not establish conclusively only one hypothesis, that being the g India Law Library Docid # 1602843
(23) RAVASAHEB @ RAVASAHEBGOUDA ETC. Vs. STATE OF KARNATAKA [SUPREME COURT OF INDIA] 16-03-2023 Criminal Trial - Evidence of hostile witness - Corroborated part of the evidence of a hostile witness regarding the commission of offence is admissible - Merely because there is deviation from the statement in the FIR, the witness's statements cannot be termed totally unreliable. India Law Library Docid # 1602844
(24) UDAYAKUMAR Vs. STATE OF TAMIL NADU [SUPREME COURT OF INDIA] 16-03-2023 Penal Code, 1860 (IPC) - Section 302 - Murder - Acquittal - In the normal course of adjudication followed by this Court, when there is a concurrent findings of fact by the Courts below, this Court interferes only in exceptional cases or where gross errors have been committed which overlook crying circumstances and well established principles of criminal jurisprudence - In the present case, chain of evidence to have been completely established nor the circumstances, conclusively pointing towards India Law Library Docid # 1602860
(25) NARENDRASINH KESHUBHAI ZALA Vs. STATE OF GUJARAT [SUPREME COURT OF INDIA] 16-03-2023 Penal Code, 1860 (IPC) - Section 302 - Arms Act, 1959 - Sections 25(1)A and 27(2) - Murder - Acquittal - Prosecution is not able to link the weapon with the accused - There was no scientific evidence, or the marks of his fingerprints, other identification marks or any tell-tale signs of the blood found on body of the deceased, linking it to the metal pellets of the bullet fired from the weapon recovered during investigation - Duty of the prosecution to establish use of the weapon discovered in t India Law Library Docid # 1602861
(26) GUNA MAHTO Vs. STATE OF JHARKHAND [SUPREME COURT OF INDIA] 16-03-2023 Penal Code, 1860 (IPC) - Sections 201 and 302 - Murder - Acquittal - Non-examination of the Investigation Officer has, in the attending circumstances rendered the prosecution case to be doubtful if not false - Offence under Section 201 IPC could not have been proven without his examination - Courts below presumptively, proceeded with the acquired assumption of the guilt of the accused for the reason that he was lastly seen with the deceased, and lodged a false report, forgetting that as per the India Law Library Docid # 1602862
(27) ASHOK RAM PARHAD AND OTHERS Vs. THE STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 15-03-2023 Divisional Forest Officer (in Maharashtra Forest Service, Class I) (Recruitment) Rules, 1984 - Rule 2 - Very factum of Proviso to Rule 2 of the 1984 Rules being inserted in the rule has to be assigned a meaning, as otherwise, it would imply that the Proviso has become otiose - It cannot be said that the Proviso is not to be read in the context of the aspect of promotion. India Law Library Docid # 1602830
(28) M/S PENNA ELECTRICITY LIMITED (NOW M/S PIONEER POWER LIMITED) Vs. THE TAMIL NADU ELECTRICITY BOARD AND OTHERS [SUPREME COURT OF INDIA] 15-03-2023 The instant appeal has been filed under Section 125 of the Electricity Act, 2003(hereinafter being referred to as the “Act 2003”) assailing the judgment and order of the Appellate Tribunal for Electricity dismissing the appeal filed at the instance of the present appellant. India Law Library Docid # 1602831
(29) S. ATHILAKSHMI Vs. THE STATE REP. BY THE DRUGS INSPECTOR [SUPREME COURT OF INDIA] 15-03-2023 Criminal Procedure Code, 1973 (CrPC) - Section 482 - Drugs and Cosmetics Act, 1940 - Section 18(c) and 27(b)(ii) - Drugs and Cosmetics Rules, 1945 - Rule 123 - Quashing of criminal proceedings - A person can be liable for prosecution or conviction under Section 27(a)(i)(ii) read with Section 18(c) of the Act, it must be proved by the prosecution affirmatively that he was manufacturing the drugs for sale or was selling the same or had stocked them or exhibited the articles for sale - Possession s India Law Library Docid # 1602832
(30) THE COMMERCIAL TAX OFFICER AND OTHERS Vs. NEERAJA PIPES PRIVATE LIMITED [SUPREME COURT OF INDIA] 15-03-2023 Telangana Value Added Tax Rules, 2005 - Rule 64 - Service of orders and notices - When any statutory or administrative order, visits a citizen or entity with adverse consequences, such an order has to be served upon the concerned person; especially so, when that order is appealable or subject to revision by higher authorities. India Law Library Docid # 1602833
(31) SHANKAR Vs. THE STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 15-03-2023 Penal Code, 1860 (IPC) - Sections 302 read with Section 34 - Murder - Acquittal - Failed to prove of motive - Though the deceased had met with a homicidal death it cannot be said that the rest of the circumstantial evidence culled out by the courts below unerringly point to the culpability of the appellants in the homicidal death - Even the recovery of the weapon and the dress, at the instance of the appellant in the latter appeal cannot, by itself, be conclusive as admittedly, the panch witness India Law Library Docid # 1602834
(32) AJAY KUMAR RADHEYSHYAM GOENKA Vs. TOURISM FINANCE CORPORATION OF INDIA LIMITED [SUPREME COURT OF INDIA] 15-03-2023 Negotiable Instrument Act, 1881 (NI) - Sections 138 and 141 - Dishonour of cheque - Liability - Where the proceedings under Section 138 of the NI Act had already commenced with the Magistrate taking cognizance upon the complaint and during the pendency, the company gets dissolved, the signatories/directors cannot escape from their penal liability under Section 138 of the NI Act by citing its dissolution - What is dissolved, is only the company, not the personal penal liability of the accused cov India Law Library Docid # 1602835
(33) NAND LAL AND OTHERS Vs. THE STATE OF CHHATTISGARH [SUPREME COURT OF INDIA] 14-03-2023 Penal Code, 1860 - Section 302 - Murder - Acquittal - Conviction based on oral testimony of witnesses - Delay in lodging the FIR - Names not mentioned in FIR - Taking into consideration the delay in lodging the FIR, with the circumstance of their names not being mentioned in the contemporaneous documents, the possibility of the accused being falsely implicated cannot be ruled out India Law Library Docid # 1602819
(34) THE STATE OF GOA Vs. SUMMIT ONLINE TRADE SOLUTIONS (P) LTD AND OTHERS [SUPREME COURT OF INDIA] 14-03-2023 Constitution of India - Article 226(2) - Even if a small part of the cause of action arises within the territorial jurisdiction of a high court, the same by itself could not have been a determinative factor compelling the High Court to keep the writ petitions alive against the appellant to decide the matter qua the impugned notification, on merit. India Law Library Docid # 1602820
(35) ASHUTOSH SAMANTA (D) BY LRS. AND OTHERS Vs. SM. RANJAN BALA DASI AND OTHERS [SUPREME COURT OF INDIA] 14-03-2023 Evidence Act, 1872 - Section 90 - Succession Act, 1925 - Sections 63(c) and 90 - Wills cannot be proved only on the basis of their age - the presumption under Section 90 as to the regularity of documents more than 30 years of age is inapplicable when it comes to proof of wills, which have to be proved in terms of Sections 63(c) of the Succession Act, 1925, and Section 68 of the Evidence Act, 1872. India Law Library Docid # 1602821
(36) GANESH PRASAD Vs. RAJESHWAR PRASAD AND OTHERS [SUPREME COURT OF INDIA] 14-03-2023 Civil Procedure Code, 1908 (CPC) - Order 9 Rule 9 - If the right of redemption is not extinguished, the provision like Order IX Rule 9 of the CPC will not debar the mortgagor from filing a second suit because as in a partition suit, the cause of action in a redemption suit is a recurring one. India Law Library Docid # 1602822
(37) M/S INDIAN OIL CORPORATION LIMITED Vs. V.B.R. MENON AND OTHERS [SUPREME COURT OF INDIA] 14-03-2023 Environment (Protection) Act, 1986 - Section 5 - Power to give directions - NGT has the jurisdiction to direct the Central Pollution Control Board (CPCB) that it should in exercise of its powers under Section 5 of the Act 1986. India Law Library Docid # 1602823
(38) PAWAN KUMAR CHOURASIA Vs. STATE OF BIHAR [SUPREME COURT OF INDIA] 14-03-2023 Penal Code, 1860 (IPC) - Sections 201 and 302 read with Section 34 - Murder of two boys - Acquittal - Prosecution has made no attempt to investigate into the source of the alleged information received by witness - Version of witnesses is different - None of witnesses who supported the prosecution, have stated that the appellant was either their relative or a close acquaintance - In fact, they have not even stated that they personally knew the appellant - There is nothing on record to show that t India Law Library Docid # 1602825
(39) VICTORY IRON WORKS LIMITED Vs. JITENDRA LOHIA AND ANOTHER [SUPREME COURT OF INDIA] 14-03-2023 Insolvency and Bankruptcy Code, 2016- Sections 18 and 25 - Exclusion of assets owned by a third-party, but in the possession of the Corporate Debtor held under contractual arrangements, from the definition of the expression "assets", is limited to Section 18 - In other words, the Explanation under Section 18 does not extend to Section 25. India Law Library Docid # 1602826
(40) MOHINDER SINGH(DEAD) THROUGH LRS AND ANOTHER Vs. NARAIN SINGH AND OTHERS [SUPREME COURT OF INDIA] 14-03-2023 Delhi Municipal Corporation Act, 1957 - Sections 507(a) - Special provisions as to rural areas - Once there is a notification issued by the competent authority in exercise of power under Section 507(a) which is a special provision in reference to rural areas, such of the rural areas cease to be included therein upon issuance of the notification and shall thereafter include in and form part of the urban areas in terms of the notification. India Law Library Docid # 1602827