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(21) DEEPAK KUMAR SHRIVAS AND ANOTHER Vs. STATE OF CHHATTISGARH AND OTHERS [SUPREME COURT OF INDIA] 19-02-2024
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Quashing of criminal proceedings - Criminal prosecution should not be allowed to continue where the object to lodge the FIR is not for criminal prosecution and for punishing the offender for the offence committed but for recovery of money under coercion and pressure.
India Law Library Docid # 1603936

(22) N. MANOGAR AND ANOTHER Vs. THE INSPECTOR OF POLICE AND OTHERS [SUPREME COURT OF INDIA] 16-02-2024
Penal Code, 1860 (IPC) - Section(s) 452, 294(b), 323 and 506(1) - The appellants challenged the order of the Madras High Court that impleaded them as accused persons in a criminal case involving trespassing, assault and threat by the respondent no. 3, who is the wife of appellant no. 1 and a relative of appellant no. 2. - The trial court rejected the application of the complainant to summon and implead the appellants as accused, observing that there was no evidence of their involvement and no sp
India Law Library Docid # 1603952

(23) ASSOCIATION FOR DEMOCRATIC REFORMS AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 15-02-2024
Electoral Bond Scheme - Constitutional validity - Electoral Bond Scheme, the proviso to Section 29C(1) of the Representation of the People Act 1951 (as amended by Section 137 of Finance Act 2017), Section 182(3) of the Companies Act (as amended by Section 154 of the Finance Act 2017), and Section 13A(b) (as amended by Section 11 of Finance Act 2017) are violative of Article 19(1)(a) and unconstitutional - Deletion of the proviso to Section 182(1) of the Companies Act permitting unlimited corpora
India Law Library Docid # 1603933

(24) CHATRAPAL Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 15-02-2024
Service Law - Reinstatement - Departmental inquiry - Charges of misconduct and insubordination - Appellant- employee, initially employed as a permanent Ardly (a class IV Post) in the Bareilly Judgeship, was transferred to the position of Process Server in the Nazarat of an outlying court in Baheri, District Bareilly - However, the appellant was denied allowances entitled to Process Servers - In response, the appellant directly approached higher authorities such as the Registrar General of the Hi
India Law Library Docid # 1603934

(25) BABASAHEB DHONDIBA KUTE Vs. RADHU VITHOBA BARDE [SUPREME COURT OF INDIA] 15-02-2024
Maharashtra Land Revenue Code, 1966 - Section 36A - Suit for Specific performance - The appellant-plaintiff filed a suit for specific performance of an agreement to sell land by the respondent-defendant, a tribal, for Rs. 2,25,000/- - The plaintiff had paid Rs. 2,20,000/- and obtained possession, but the defendant did not execute the sale deed - The trial court and the first appellate court denied the decree for specific performance and granted the alternative relief of refund of Rs.2,20,000/- w
India Law Library Docid # 1603953

(26) RAJESH VIREN SHAH Vs. REDINGTON (INDIA) LIMITED [SUPREME COURT OF INDIA] 14-02-2024
Negotiable Instruments Act, 1881 (NI) - Sections 138 and 141 - Dishonour of cheque - Insufficient funds - Liability - According to Sections 138 and 141 of the Negotiable Instruments Act, a director who resigns from a company before a cheque is issued cannot be held responsible for cheque bouncing offenses.
India Law Library Docid # 1603931

(27) PALANI Vs. THE TAMIL NADU STATE [SUPREME COURT OF INDIA] 14-02-2024
Drugs and Cosmetics Act, 1940 - Sections 18(A), 18(c), 27 (b)(ii) and 28 - Conviction and sentence - In a inspection of a clinic officials found allopathic medicines meant for distribution without proper documentation - Quantities of the 29 kinds of medicines recovered from the clinic run by Appellant-doctor, were of small quantity - In such a situation, non-disclosure of the name of the manufacturer/person from whom the said medicines were acquired, cannot be said to be endangering public inter
India Law Library Docid # 1603932

(28) NAVIN KUMAR RAI Vs. SURENDRA SINGH AND OTHERS [SUPREME COURT OF INDIA] 14-02-2024
Penal Code, 1860 - Sections 420, 467, 468, and 471 - The appellant challenges the quashing of an FIR against seven accused persons for forging a power of attorney and a sale deed of his land by the High Court of Jharkhand - The Supreme Court allows the appeal and restores the FIR and the consequent case to the trial court, finding the High Court’s exercise of power under Section 482 Cr.P.C. unjustified and unsustainable - The Supreme Court holds that the High Court erred in assuming that there w
India Law Library Docid # 1603954

(29) TEJASHWI PRASAD YADAV Vs. HARESHBHAI PRANSHANKAR MEHTA [SUPREME COURT OF INDIA] 13-02-2024
Penal Code, 1860 (IPC) - Sections 499 and 500 - Defamation - Quashing of complaint - Defaming the gujarati people and the entire society of Gujarat - Petitioner made a public statement that “Jo bhi do thug hai na, jo thug hai, thug ko anumati jo hai, aaj ke desh ke condition me dekha jaye then only Gujarati hi thug ho sakte hai, aur uske thug ko maaf kiya jayega. LIC ko paisa do, bank ko paisa do, fir wo log le ke bhag jayenge, to kaun jimmedaar hoga?” - It is true that every prosecution for def
India Law Library Docid # 1603929

(30) DIRECTORATE OF ENFORCEMENT Vs. NIRAJ TYAGI AND OTHERS [SUPREME COURT OF INDIA] 13-02-2024
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 420, 467, 468, 471, 120-B, 323, 504 and 506 - Inherent Powers - Stay of proceedings - Without undermining the powers of the High Court under Section 482 of Cr.PC to quash the proceedings if the allegations made in the FIR or complaint prima facie do not constitute any offence against the accused, or if the criminal proceedings are found to be manifestly malafide or malicious, instituted with ulterior motive et
India Law Library Docid # 1603930

(31) GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY Vs. PRABHJIT SINGH SONI AND ANOTHER [SUPREME COURT OF INDIA] 12-02-2024
Insolvency and Bankruptcy Code, 2016 - Sections 31(1) and 60 - National Company Law Tribunal Rules, 2016 - Rule 11 - Inherent Powers - Recall of Resolution Plan approval order passed under Sec. 31(1) of IBC - Recall application was maintainable notwithstanding that an appeal lay before the NCLAT against the order of approval passed by the Adjudicating Authority - A Court or a Tribunal, in absence of any provision to the contrary, has inherent power to recall an order to secure the ends of justic
India Law Library Docid # 1603919

(32) K. BABU Vs. M. SWARAJ AND OTHERS [SUPREME COURT OF INDIA] 12-02-2024
Representation of the People Act, 1951 - Sections 80, 81, 83, 84, 100, 101 and 123 - Corrupt practice - Use of picture of Lord Ayyappa in voting slips - Maintainability of election petition - Non-compliance with the requirements of Section 83 of the Act of 1951 is not fatal, as Section 86(1) thereof only speaks of non-compliance with Sections 81, 82 or 117 being the basis for dismissal of an election petition at the outset - Defects in an election petition that constitute non-compliance with Sec
India Law Library Docid # 1603920

(33) MALLAPPA AND OTHERS Vs. STATE OF KARNATAKA [SUPREME COURT OF INDIA] 12-02-2024
Penal Code, 1860 (IPC) - Section 302 - Murder - Appeal against acquittal - Presumption of innocence - Testimony of witness - If the view of the Trial Court is a legally plausible view, mere possibility of a contrary view shall not justify the reversal of acquittal - There is a presumption of innocence in favour of the accused, unless proven guilty - Presumption continues at all stages of the trial and finally culminates into a fact when the case ends in acquittal - Presumption of innocence gets
India Law Library Docid # 1603921

(34) NO.2809759H EX-RECRUIT BABANNA MACHCHED Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 09-02-2024
Service Law - Dismissal of army personnel from service - Reinstatement - Non-consideration of reasoning before dismissing or discharging individuals from the Indian Army is deemed "bad in law" - Discharge/dismissal of army personnel from service is vitiated for non-consideration of their specific case that they have actually not produced any relationship certificate for selection/recruitment as they never applied in the reserved category - Tribunal also seems to have lost sight of the crucial po
India Law Library Docid # 1603928

(35) NARESH CHANDRA AGRAWAL Vs. THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 08-02-2024
Chartered Accountants Act, 1949 - Section 29A - Chartered Accountants (Procedure of Investigation of Professional and Other Misconduct and Conduct of Cases) Rules, 2007 - Rule 9(3)(b) - Refer a complaint for misconduct to the Disciplinary Committee - Rule 9(3)(b) of the Chartered Accountants (Procedure of Investigation of Professional and Other Misconduct and Conduct of Cases) Rules, 2007 falls within the scope of the general delegation of power under Section 29A(1).
India Law Library Docid # 1603918

(36) SUDHIR VILAS KALEL AND OTHERS Vs. BAPU RAJARAM KALEL AND OTHERS [SUPREME COURT OF INDIA] 07-02-2024
Maharashtra Village Panchayat Act, 1959 - Section 10-1A - Maharashtra Temporary Extension of Period for Submitting Validity Certificate (for certain elections to Village Panchayats, Zilla Parishads and Panchayat Samitis) Act, 2023 - Sections 3 and 4 - Disqualification of Candidate as a Member of Panchayat - Candidate stood automatically disqualified as a Member since he failed to produce the Validity Certificate within 12 months from the date of his election - The protective umbrella of Section
India Law Library Docid # 1603915

(37) KISHORE AND OTHERS Vs. STATE OF PUNJAB [SUPREME COURT OF INDIA] 07-02-2024
Penal Code, 1860 (IPC) - Section 460, 302 read with Section 149 - Murder - Acquittal - As regards the offence punishable under Section 460 of the IPC, there was no specific role attributed to any of the accused and all of them have been convicted only with the aid of Section 149 of the IPC - It is established that there was no unlawful assembly as two out of five accused have been acquitted. The High Court could have altered the charge by applying Section 34 instead of Section 149 of the IPC, bu
India Law Library Docid # 1603916

(38) GURWINDER SINGH Vs. STATE OF PUNJAB AND ANOTHER [SUPREME COURT OF INDIA] 07-02-2024
Criminal Procedure Code, 1973 (CrPC) - Section 439 - Penal Code, 1860 (IPC) - Sections 124A, 153A, 153B and 120-B - Unlawful Activities (Prevention) Act, 1967 - Sections 17, 18 and 19 - Arms Act, 1959 - Sections 25 and 54 - Bail - Hanging pro-Khalistan banners at Amritsar flyover - Mere delay in trial pertaining to grave offences as one involved in the instant case cannot be used as a ground to grant bail - Material available on record indicates the involvement of the appellant in furtherance of
India Law Library Docid # 1603917

(39) JAGMOHAN AND ANOTHER Vs. BADRI NATH AND OTHERS [SUPREME COURT OF INDIA] 06-02-2024
Punjab Pre-emption Act, 1913 - Section 8(2) - Right to pre-emption - It has been issued in exercise of powers conferred under Section 8(2) of the 1913 Act, which enables the State Government to declare by notification either no right of pre-emption or only limited right will exist in any local area or with respect to any land or property or class of land or property - Notification provides that right of pre-emption shall not exist in respect of sale of land falling in the areas of municipalities
India Law Library Docid # 1603911

(40) VELTHEPU SRINIVAS AND OTHERS Vs. STATE OF ANDHRA PRADESH (NOW STATE OF TELANGANA) AND ANOTHER [SUPREME COURT OF INDIA] 06-02-2024
Penal Code, 1860 (IPC) - Sections 34, 302 and 304-II - Murder - Alteration of sentence - Section 302 to Section 304 Part II - Perusal of the evidence would reveal that it is not the case of the prosecution that A-3 was along with the other accused while the deceased was dragged to the house - Deposition would reveal that after the other accused assaulted the deceased with sword, A-3 came thereafter and assaulted the deceased with stone lying there - Prosecution has not been in a position to est
India Law Library Docid # 1603912