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Latest Cases

(221) SABIR HUSSAIN (DEAD) THR. LRS. AND OTHERS Vs. SYED MOHAMMAD HASSAN (DEAD) THR. LRS. AND ANOTHER [SUPREME COURT OF INDIA] 06-11-2023
Suit for possession - Validity of sale deed - High Court reversed the judgment and decree of trial court - Appeal - High Court has seen the sale deed with suspicion only because it was noticed that there was some difference in the signatures of the vendor on the agreement to sell and the sale deed, however, failed to take notice of the evidence of the witness to the sale deed who was present in the hospital where the Registrar had gone to register the document - First Appellate Court is required
India Law Library Docid # 1603785

(222) PARSHURAM Vs. STATE OF M.P. [SUPREME COURT OF INDIA] 03-11-2023
Penal Code, 1860 (IPC) - Sections 141, 142 and 302, 304-II and 149 - Murder - Common object of unlawful assembly - Injury caused in free fight - Alteration of sentence form Section 302 to 304-II - It is not necessary that every person constituting an unlawful assembly must play an active role for convicting him with the aid of Section 149 of IPC - What has to be established by the prosecution is that a person has to be a member of an unlawful assembly, i.e. he has to be one of the persons consti
India Law Library Docid # 1603717

(223) NITISHA AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 03-11-2023
On 23 December 2017, the MS Branch issued a further communication. The communication provides for the primacy of CRs, vis-a-vis other parameters such as performance on courses and gallantry awards, for Special No 3 SB. It has been stipulated that 89 marks out of a total of 100 would be allocated to the CRs.
India Law Library Docid # 1603731

(224) MARKASH JAJARA Vs. THE STATE OF ASSAM AND ANOTHER [SUPREME COURT OF INDIA] 03-11-2023
Penal Code, 1860 (IPC) - Sections 300-I and 302 - Murder of son-in-law - Life imprisonment - Sudden provocation - Reduction of sentence - Causing injuries to the deceased falls within the expression of 'culpable homicide' which does not amount to 'murder' - Daily consumption of liquor by deceased-son-in-law was an apparent factor that exhorted the appellant-accused to assault the deceased not with an intent to commit his murder but only to force the deceased to mend his ways and mend his drinkin
India Law Library Docid # 1603754

(225) SHAMBHUBHAI KALABHAI RAVAL Vs. STATE OF GUJARAT [SUPREME COURT OF INDIA] 02-11-2023
The appellant is the husband of the deceased, who was convicted for the offences punishable under Sections 306 and 498A of the Indian Penal Code (for short ‘IPC’). The marriage between the appellant and the deceased was ten years old, when on 31.07.1994, the deceased poured kerosene on her own body and set herself ablaze. The burn injuries suffered by her was the cause of death, which happened on 04.08.1994. The prosecution mainly relied upon the dying declaration of the deceased recorded by PW3
India Law Library Docid # 1603720

(226) ANIL KUMAR Vs. THE STATE OF KERALA [SUPREME COURT OF INDIA] 01-11-2023
Penal Code, 1860 (IPC) - Sections 302 and 498A - Murder of wife - First Information Report and the dying declarations on record clearly contain the statement of the deceased that when she had poured kerosene upon herself to deter the appellant from fighting and assaulting, he lighted a matchstick and with the intention to kill her, threw it upon her by saying "You Die" - Conviction and Sentence upheld.
India Law Library Docid # 1603709

(227) MOHIDEEN ABDUL KHADAR (DEAD)THROUGH LRS. Vs. RAHMATH BEEVI (D) THR. HER LRS. AND OTHER [SUPREME COURT OF INDIA] 01-11-2023
Transfer of Property Act, 1882 - Section 106 - Declaration of title - Permanent injunction - Quit notice - Validity of - Tamil Nadu City Tenants Protection Act, 1921 - After purchase of second schedule property from original owner, defendant rightly issued quit notice under Section 106 of Act 1882 to plaintiff - It was valid since defendant stepped into shoes of original owner after having purchased second schedule property - After having purchased the second schedule property and after issuing
India Law Library Docid # 1603713

(228) SHAKEEL AHMED Vs. SYED AKHLAQ HUSSAIN [SUPREME COURT OF INDIA] 01-11-2023
Transfer of Property Act, 1882 - Section 54 - Registration Act, 1908 - Sections 17 and 49 - On the basis of an unregistered Agreement to Sell or General Power of Attorney, no title could be transferred with respect to immovable properties - Law is well settled that no right, title or interest in immovable property can be conferred without a registered document.
India Law Library Docid # 1603755

(229) SANJAY KUMAR AGARWAL AND OTHERS Vs. STATE TAX OFFICER (1) AND ANOTHER [SUPREME COURT OF INDIA] 31-10-2023
Civil Procedure Code, 1908 (CPC) - Section 114 read with Order 47 - Review of judgment - Any passing reference of the impugned judgment made by the Bench of the equal strength could not be a ground for review - A co-ordinate Bench cannot comment upon the discretion exercised or judgment rendered by another co-ordinate Bench of the same strength - If a Bench does not accept as correct the decision on a question of law of another Bench of equal strength, the only proper course to adopt would be to
India Law Library Docid # 1603707

(230) KUM. GEETHA, D/O LATE KRISHNA AND OTHERS Vs. NANJUNDASWAMY AND OTHERS [SUPREME COURT OF INDIA] 31-10-2023
Civil Procedure Code, 1908 (CPC) - Order 7 Rule 11 - Rejection of plaint - A plaint cannot be rejected in part - Plaint can and must be rejected in exercise of powers under Order 7 Rule 11(d) CPC on account of non-compliance with mandatory requirements or being replete with any institutional deficiency at the time of presentation of the plaint, ascribable to clauses (a) to (f) of Rule 11 of Order 7 CPC - In other words, the plaint as presented must proceed as a whole or can be rejected as a whol
India Law Library Docid # 1603708

(231) VARDAN ASSOCIATES PVT. LTD. Vs. ASSISTANT COMMISSIONER OF STATE TAX CENTRAL SECTION AND OTHERS [SUPREME COURT OF INDIA] 31-10-2023
West Bengal Goods and Services Tax Act, 2017 (CGST Act) - Validity of an order passed by the Assistant Commissioner of State Tax, Central Section, - The appellant, is a company that carries on the business of horizontal directional drilling using trenchless methodology for underground utilities – Appellant executed work contracts for the Gas Authority of India Limited (GAIL), including work in the State of West Bengal - While executing a work contract in Durgapur, West Bengal, Appellant transpor
India Law Library Docid # 1603834

(232) MANISH SISODIA Vs. CENTRAL BUREAU OF INVESTIGATION [SUPREME COURT OF INDIA] 30-10-2023
Criminal Procedure Code, 1973 (CrPC) - Section 439 - Penal Code, 1860 (IPC) - Sections 120B, 201 and 420 - Prevention of Corruption Act, 1988 - Sections 7, 7A, 8 and 12 - Prevention of Money-Laundering Act, 2002 - Sections 3, 4 and 45 - Delhi Excise Policy Scam - Granting liquor licenses to traders in exchange for bribes - Bail denied - Detention or jail before being pronounced guilty of an offence should not become punishment without trial - If the trial gets protracted despite assurances of th
India Law Library Docid # 1603700

(233) BHISHAM LAL VERMA Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 30-10-2023
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Second petition - Maintainability - A second petition not maintainable under Section 482 Cr.P.C. on grounds that were available for challenge even at the time of filing of the first petition - Filing of the charge sheet and cognizance thereof by the Court concerned were well before the filing of the first petition under Section 482 Cr.P.C., wherein challenge was made only to the sanction order - That being so, the petitioner was not at libert
India Law Library Docid # 1603701

(234) IFFCO TOKIO GENERAL INSURANCE CO. LTD. Vs. GEETA DEVI AND OTHERS [SUPREME COURT OF INDIA] 30-10-2023
Motor Vehicles Act, 1988 - Sections 140 and 166 - Motor accident - Compensation - Fake driving licence - Mere fact that the driving licence was fake, per se, would not absolve the insurer - Once a seemingly valid driving licence is produced by a person employed to drive a vehicle, unless such licence is demonstrably fake on the face of it, warranting any sensible employer to make inquiries as to its genuineness, or when the period of the licence has already expired, or there is some other reason
India Law Library Docid # 1603702

(235) MANAK CHAND @ MANI Vs. THE STATE OF HARYANA [SUPREME COURT OF INDIA] 30-10-2023
Penal Code, 1860 (IPC) - Section 376 - Rape - Acquittal - Testimony of prosecutrix - Only factor which could have made the consensual aspect immaterial and made it a case of 'rape' was the age of the prosecutrix - Age of the prosecutrix in the form of the school register was not sufficient to arrive at a finding that the prosecutrix was less than sixteen years of age, especially when there were contradictory evidences before the Trial Court as to the age of the prosecutrix - Only evidence placed
India Law Library Docid # 1603703

(236) BIRBAL NATH Vs. THE STATE OF RAJASTHAN AND OTHERS [SUPREME COURT OF INDIA] 30-10-2023
Penal Code, 1860 (IPC) - Sections 302 and 304-I - Culpable homicide not amounting to murder - Statement of an injured eye-witness is an important piece of evidence which cannot be easily discarded by a Court - Possibility of incident not being premeditated, cannot be totally disregarded - Conviction converted to Section 304-I IPC.
India Law Library Docid # 1603704

(237) SUDHIR SINGH AND OTHERS Vs. STATE OF U.P. AND OTHERS [SUPREME COURT OF INDIA] 30-10-2023
Service Law - Appointment - Post of Village Development Officers - A candidate/applicant has to comply with all the conditions/eligibility criteria as per the advertisement before the cut-off date mentioned therein unless extended by the recruiting authority - Advertisement clearly specified the essential qualification was a Course of Computer Concept Certificate - Appellants despite opportunity to appear to show such equivalence, having failed to do so, nothing survives on this count - Appeal d
India Law Library Docid # 1603705

(238) PRADEEP MEHRA Vs. HARIJIVAN J. JETHWA (SINCE DECEASED THR. LRS.) AND OTHERS [SUPREME COURT OF INDIA] 30-10-2023
Civil Procedure Code, 1908 (CrPC) - Section 47 - Execution of decree - All questions between the parties can be decided by the executing court - But the important aspect to remember is that these questions are limited to the "execution of the decree" - Executing court can never go behind the decree - Under Section 47, CPC the executing court cannot examine the validity of the order of the court which had allowed the execution of the decree in 2013, unless the court's order is itself without juri
India Law Library Docid # 1603706

(239) C. ANIL CHANDRAN Vs. M.K. RAGHAVAN AND OTHERS [SUPREME COURT OF INDIA] 30-10-2023
Kerala State and Subordinate Services Rules, 1958 - Rule 27-B - Kerala Irrigation Engineering Service Special Rules, 2010 - Challenge to antedating of a seniority list - Not find that any case has been made out for interference in appeal for the reason that appellant has not been able to demonstrate that for the purpose of promotion from the post of Assistant Engineer to that of Assistant Executive Engineer, he was likely to be affected by antedating the date of promotion of the private respond
India Law Library Docid # 1603712

(240) RAJESWARI Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 30-10-2023
Telecom Law - Cellular mobile telephone number once deactivated for non-usage or disconnected on the request of subscriber, is not allocated to the new subscriber for at least a period of 90 days - It is for the earlier subscriber to take adequate steps to ensure that privacy is maintained - Subscriber can prevent misuse of WhatsApp data by deleting the WhatsApp account attached with the previous phone number and erasing the WhatsApp data stored on the local device memory/cloud/drive. Further, a
India Law Library Docid # 1603714