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(261) M/S UNIBROS Vs. ALL INDIA RADIO [SUPREME COURT OF INDIA] 19-10-2023
Arbitration and Conciliation Act, 1996 - Sections 34 and 37 - Any award of an arbitrator or a tribunal that seeks to overreach a binding judicial decision, does conflict with the fundamental public policy and cannot, therefore, sustain - A judicial decision of a superior court, which is binding on an inferior court, has to be accepted with grace by the inferior court notwithstanding that the decision of the superior court may not be palatable to the inferior court - This principle, ex proprio vi
India Law Library Docid # 1603681

(262) CHENNAI METRO RAIL LIMITED ADMINISTRATIVE BUILDING Vs. M/S TRANSTONNELSTROY AFCONS (JV) AND ANOTHER [SUPREME COURT OF INDIA] 19-10-2023
Arbitration and Conciliation Act, 1996 - Section 12 - Arbitral award - Ground for challenge - Fee increase can be resorted to only with the agreement of parties; in the event of disagreement by one party, the tribunal has to continue with the previous arrangement, or decline to act as arbitrator - Yet, whether the breach of that rule, as in the present case, by insisting that the increase of fee should prevail does not in this court's opinion, amount to a per se ineligibility, reaching to the le
India Law Library Docid # 1603682

(263) PARANAGOUDA AND ANOTHER Vs. THE STATE OF KARNATAKA AND ANOTHER [SUPREME COURT OF INDIA] 19-10-2023
Penal Code, 1860 (IPC) - Sections 306, 498A, 304B read with Section 34 - Dowry Prohibition Act, 1961 - Section 3 and 4 - Dowry death - Physical and mental torture and unable to bear the same committed suicide by self-immolating namely by pouring kerosene and lighting fire - Mere omission or defect in framing of charge would not be fatal if from the statement of charge under Section 304B and in the alternative Section 498A, it is clear that all facts and ingredients for framing of charge under Se
India Law Library Docid # 1603683

(264) URBAN IMPROVEMENT TRUST, BIKANER Vs. GORDHAN DASS (D) THROUGH LRS. AND OTHERS [SUPREME COURT OF INDIA] 19-10-2023
Land Acquisition Act, 1959 - Section 52(2) - Challenge to acquisition - Failure to serve notice under Section 52(2) of the Land Acquisition Act, 1959 - Jurisdiction of Civil Court - Maintainability - Difference of opinions and the distinguishing judgments - Registry is directed to place the matter before Hon'ble the Chief Justice of India for referring the matter to a larger Bench.
India Law Library Docid # 1603684

(265) NAVEEN @ AJAY Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 19-10-2023
Penal Code, 1860 (IPC) - Sections 363, 366-A, 376(A), 376(2)(i), 376(2)(j), 376(2)(k), 376(2)(m), 302 and 201 - Protection of Children from Sexual Offences Act 2012 - Section 6 - Death sentence - Kidnapping, Rape and Murder of 3 months old girl child - Hurried Trial - Prosecution is based on circumstantial evidence in which the prosecution has to prove each link in the chain of circumstantial evidence and the important chains in the link are DNA report, FSL report and Viscera report - When the r
India Law Library Docid # 1603685

(266) INDRAKUNWAR Vs. THE STATE OF CHHATTISGARH [SUPREME COURT OF INDIA] 19-10-2023
Penal Code, 1860 (IPC) - Section 302 - Murder of newborn child - Acquittal - None of the witnesses has seen the convict-appellant throwing the deceased child into the dabri; as hitherto observed, no conclusive proof, of any nature, of relationship had been put forth by the prosecution; no evidence has been led to cast doubt upon the version of the convict - Statement of the doctor is silent on the death of the deceased having occurred prior to or after birth, although in examination in chief, th
India Law Library Docid # 1603686

(267) AARIF AND OTHERS Vs. THE STATE OF RAJASTHAN AND ANOTHER [SUPREME COURT OF INDIA] 19-10-2023
Criminal Procedure Code, 1973 (CrPC) - Section 319 - Summoning of additional accused - Unless the evidence of other prosecution witnesses (eyewitnesses) is recorded, the application under Section 319 Cr.P.C. cannot be considered.
India Law Library Docid # 1603694

(268) DEBASISH PAUL AND ANOTHER Vs. AMAL BORAL [SUPREME COURT OF INDIA] 18-10-2023
Limitation Act, 1963 - Section 5 - West Bengal Premises Tenancy Act, 1997 - Sections 7(1) and 7(2) - Non-payment of arrears of rent - Extension of time - Tenant is required to deposit all arrears of rent where there is no dispute on the admitted amount of rent and even in case of a dispute - Needful has to be done within the time stipulated and actually should accompany the application filed under Sub-Sections (1) & (2) of Section 7 of the said Act - Proviso only gives liberty to extend the time
India Law Library Docid # 1603668

(269) ABHISHEK SHARMA Vs. STATE (GOVT. OF NCT OF DELHI) [SUPREME COURT OF INDIA] 18-10-2023
Penal Code, 1860 (IPC) - Section 302 - Murder of female colleague - Dying declarations - Deceased was set on fire and died due to multiple burn injuries - It is recorded that a friendship had developed between these two persons, and the convict-appellant would often drive her home after work, which would end at around midnight - Allegedly, due to a quarrel in regards to her affections being not for him but instead for their boss, he took her to an open site near a school and, in the midst of an
India Law Library Docid # 1603669

(270) TOTTEMPUDI SALALITH Vs. STATE BANK OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 18-10-2023
Insolvency and Bankruptcy Code, 2016 - Section 7 - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Section 13(2) - In absence of averments or pleading, after initiation of insolvency proceeding, any promise made to pay the debt cannot be treated to have cured the fault of limitation in a preexisting action - In the event a financial creditor wants to pursue a recovery certificate as a deemed decree, he would get twelve years' time.
India Law Library Docid # 1603671

(271) MRS. KALYANI RAJAN Vs. INDRAPRASTHA APOLLO HOSPITAL AND OTHERS [SUPREME COURT OF INDIA] 17-10-2023
Consumer Protection Act, 1986 - Section 2 (c)(iii) - Consumer Complaint - Medical Negligence - Simply because the patient has not favourably responded to a treatment given by doctor or a surgery has failed, the doctor cannot be held straight away liable for medical negligence by applying the doctrine of Res Ipsa Loquitor - Appellant submits that the deceased died due to cardiac arrest, albeit, admittedly, the deceased had no cardiac problems - He would further submit that at the time of admissio
India Law Library Docid # 1603670

(272) SUPRIYO @ SUPRIYA CHAKRABORTY AND ANOTHER Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 17-10-2023
Same Sex Marriage - No Fundament Right to Marry - Constitution does not expressly recognize a fundamental right to marry - An institution cannot be elevated to the realm of a fundamental right based on the content accorded to it by law - However, several facets of the marital relationship are reflections of constitutional values including the right to human dignity and the right to life and personal liberty.
India Law Library Docid # 1603672

(273) MATHEWS J. NEDUMPARA AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 16-10-2023
Advocates Act, 1961 - Sections 16 and 23(5) - Constitutional validity of Sections 16 and 23(5) of the Advocates Act, 1961 upheld - Seniority of advocates is premised on a standardised metric of merit aimed at forwarding the standards of the profession - Classification of advocates and the mechanism to grant seniority to advocates is not based on any arbitrary, artificial or evasive grounds - Such a classification is a creation of the legislature, and there is a general presumption of constitutio
India Law Library Docid # 1603654

(274) C.I.T., DELHI Vs. BHARTI HEXACOM LTD. [SUPREME COURT OF INDIA] 16-10-2023
Income Tax Act, 1961 - Section 35ABB - Expenditure for obtaining licence to operate telecommunication services - Payment of entry fee as well as the variable annual licence fee paid by the respondents-assessees to the DoT under the Policy of 1999 are capital in nature and may be amortised in accordance with Section 35ABB of the Act - High Court of Delhi was not right in apportioning the expenditure incurred towards establishing, operating and maintaining telecom services, as partly revenue and p
India Law Library Docid # 1603657

(275) MOHAMED IBRAHIM Vs. THE CHAIRMAN AND MANAGING DIRECTOR AND OTHERS [SUPREME COURT OF INDIA] 16-10-2023
Service Law - Re-appointment - Dismissal of candidature as Assistant Engineer on the ground that he was colour blind - Colour vision deficiency is neither impairment of vision and in that sense falling within the disability spectrum calling for treatment under the Rights of Persons with Disabilities Act, 2016 nor is it of such condition as to bar sufficiently qualified persons' entitlement to be employed in an organization that can accommodate her educational attainments and talents - A person l
India Law Library Docid # 1603658

(276) X Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 16-10-2023
Medical Termination of Pregnancy Act, 1971 - Sections 3(2B) and 5 - Termination of twenty-six weeks and five days pregnancy - A medical termination of the pregnancy cannot be permitted because it has crossed the statutory limit of twenty-four weeks - Requirements in either Section 3(2B) or Section 5 must be met - There are no "substantial foetal abnormalities" diagnosed by a Medical Board in this case, in terms of Section 3(2B) - This Court called for a second medical report from AIIMS to ensure
India Law Library Docid # 1603659

(277) AMBALAL PARIHAR Vs. STATE OF RAJASTHAN AND OTHERS [SUPREME COURT OF INDIA] 16-10-2023
Judicial Services - Taking up a case not specifically assigned by the Chief Justice is an act of gross impropriety - If the Courts allow such sharp practices, the roster notified by the Chief Justice will have no meaning - Judges have to follow discipline and ought not to take up any case unless it is specifically assigned by the Chief Justice - A Judge can take up a case provided either the cases of that category have been assigned to him as per the notified roster or the particular case is spe
India Law Library Docid # 1603695

(278) HARVINDER SINGH @ BACHHU Vs. THE STATE OF HIMACHAL PRADESH [SUPREME COURT OF INDIA] 13-10-2023
Penal Code, 1860 (IPC)- Sections 302, 376, 511, 454, 380 read with Section 34 - Murder and attempt to rape - Order of acquittal reversed by High Court - Appeal - Double Presumption - Non-Examination of Material Witnesses - When the view of the trial court, which had the benefit of seeing the demeanour of the witnesses, is both a possible and plausible one, it shall not be replaced by yet another one - Presumption of innocence in favour of the accused gets strengthened by the decision of the tri
India Law Library Docid # 1603665

(279) JAMMU DEVELOPMENT AUTHORITY Vs. S. PARAMJEET SINGH AND ANOTHER [SUPREME COURT OF INDIA] 13-10-2023
Allotment of plot - Public auction - Defaults and failure to pay installment/balance payment - Earnest money paid by the respondent will be forfeited and will not be refunded - Rs.4,15,000/- (Rupees four lakhs fifteen thousand only), less the earnest money deposited by Respondent, will be refunded to him with simple interest at the rate of 8% per annum with effect from 01.01.2001
India Law Library Docid # 1603666

(280) PANKAJ KUMAR TIWARI Vs. INDIAN OVERSEAS BANK ASSET RECOVERY MANAGEMENT BRANCH AND OTHERS [SUPREME COURT OF INDIA] 13-10-2023
Constitution of India, 1950 - Article 226 - If the High Courts start entertaining Article 226 petitions for challenging the orders passed by the Civil Courts in other states, it will lead to a chaotic situation.
India Law Library Docid # 1603696