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Latest Cases

(41) BHAGGI @ BHAGIRATH @ NARAN Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 05-02-2024
Penal Code, 1860 (IPC) - Section 376AB - Rape with a 7 year old girl in temple - Petitioner-convict was aged 40 years on the date of occurrence and he took the victim to a temple, unmindful of the holiness of the place disrobed her and himself and then committed the crime - The fact he had not done it brutally will not make its commission non-barbaric - When the words 'barbaric' and 'brutal' are used simultaneously they are not to take the character of synonym, but to take distinctive meanings -
India Law Library Docid # 1603913

(42) UNION OF INDIA AND OTHERS Vs. M/S. B. T. PATIL AND SONS BELGAUM (CONSTRUCTION) PVT. LTD. [SUPREME COURT OF INDIA] 05-02-2024
Customs Act, 1962 - Sections 27A and 75A - Interest on drawback - Exim Policy, 1992-1997 - Under sub-section (1) of Section 75A of the Customs Act, where duty drawback is not paid within a period of three months from the date of filing of claim, the claimant would be entitled to interest in addition to the amount of drawback - This section provides that the interest would be at the rate fixed under Section 27A from the date after expiry of the said period of three months till the payment of such
India Law Library Docid # 1603914

(43) RAJASEKAR Vs. THE STATE REP. BY THE INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 05-02-2024
Protection of Children from Sexual Offences Act, 2012 - Sections 3(a) and 4 - Penetrative sexual assault on victim girl, on the promise of marrying her - At the time of the offence, victim girl is aged 16 years and the accused made her pregnant and subsequently, gave birth to a child - Aim of the POSCO Act, is to protect the children from sexual offences - To ensure that the tender age of the children are not to be abused and the childhood and youth are protected against the exploitations and th
India Law Library Docid # 1603922

(44) ABDUL JABBAR Vs. THE STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 05-02-2024
Penal Code, 1860 (IPC) - Sections 323 and 325 - Grievous injury - Reduction of sentence - Incident occurred in 2010 - Appellant-accused has undergone almost 1/3rd of his sentence i.e., a period extending to 1 (one) month; and 3 (three) days - Appellant was made to suffer the agony of a protracted trial spanning over 13 (thirteen) years - Taking into consideration the totality of circumstances, coupled with the fact that underlying incident occurred in 2010, the appeal is allowed in part and the
India Law Library Docid # 1603923

(45) MAMIDI ANIL KUMAR REDDY Vs. THE STATE OF ANDHRA PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 05-02-2024
Penal Code, 1860 (IPC) - Sections 420, 498A and 506 - Dowry Prohibition Act, 1961 - Sections 3 and 4 - Quashing of criminal proceedings - Phenomenon of false implication by way of general omnibus allegations in the course of matrimonial disputes is not unknown to this Court - A bare perusal of the complaint, statement of witnesses’ and the charge-sheet shows that the allegations against the Appellants are wholly general and omnibus in nature; even if they are taken in their entirety, they do not
India Law Library Docid # 1603924

(46) HAALESH @ HALESHI @ KURUBARA HALESHI Vs. STATE OF KARNATAKA [SUPREME COURT OF INDIA] 02-02-2024
Penal Code, 1860 (IPC) - Section 302 IPC read with Section 149 - Murder - Unlawful Assembly with Common Object - An overt act of some of the accused persons of an unlawful assembly with the common object to kill the deceased and to cause grievous hurt to the other family members is enough to rope in all of them for an offence under Section 302 IPC in aid with Section 149 IPC - Contention advanced on behalf of the appellants that the medical evidence or the medical report on record does not subst
India Law Library Docid # 1603909

(47) THE AUTHORISED OFFICER, CENTRAL BANK OF INDIA Vs. SHANMUGAVELU [SUPREME COURT OF INDIA] 02-02-2024
Security Interest (Enforcement) Rules, 2002 - Rule 9(5) - Contract Act, 1872 - Sections 73 and 74 - Forfeiture of earnest-money deposit by the secured creditor - Constitutional validity of Rule 9(5) of the SARFAESI Rules is upheld - High Court erred in law by holding that forfeiture of the entire deposit under Rule 9 sub-rule (5) of the SARFAESI Rules by bank after having already recovered its dues from the subsequent sale amounts to unjust enrichment - Sections 73 and 74 of the 1872 Act will h
India Law Library Docid # 1603910

(48) VINOD KANJIBHAI BHAGORA Vs. STATE OF GUJARAT AND ANOTHER [SUPREME COURT OF INDIA] 02-02-2024
Gujarat Civil Services (Pension) Rules, 2022 - Rule 25 - Pension - Qualifying service for the purpose of calculating terminal benefits / pensionary benefits under the Pension Rules would include prior services rendered by such an person under inter alia the Central Government provided that (i) the employment of such person under the Central Government encompassed an underlying pension scheme; and (ii) such person came to be absorbed by the State Government - Pension is earned by a government ser
India Law Library Docid # 1603925

(49) SUSHIL KUMAR PANDEY AND OTHERS Vs. THE HIGH COURT OF JHARKHAND AND ANOTHER [SUPREME COURT OF INDIA] 01-02-2024
Jharkhand Superior Judicial Service (Recruitment, Appointment and Conditions of Service) Rules, 2001 - Rules 11, 14 and 30 - Judicial Service - Change of Selection criteria - Selection process of District Judge Cadre in the State of Jharkhand - Empowers the High Court administration in specific cases to reassess the suitability and eligibility of a candidate in a special situation by calling for additional documents - High Court administration cannot take aid of this Rule to take a blanket decis
India Law Library Docid # 1603926

(50) IN RE: T.N. GODAVARMAN THIRUMULPAD Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 31-01-2024
Environmental Rule of Law - The importance of ensuring the effective functioning of these environmental bodies as this is imperative for the protection, restitution, and development of the ecology - The role of the constitutional courts is therefore to monitor the proper institutionalisation of environmental regulatory bodies and authorities - In furtherance of the principles of environmental rule of law, the bodies, authorities, regulators, and executive offices entrusted with environmental dut
India Law Library Docid # 1603904

(51) BHARAT SHER SINGH KALSIA Vs. STATE OF BIHAR AND ANOTHER [SUPREME COURT OF INDIA] 31-01-2024
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 409, 467, 468, 471 and 420 - Quashing of FIR - Misuse of Power of Attorney, misappropriation of property, failure to provide an account, and participation in a fraudulent sale deed - The dispute, if any, is between the land-owners/principals inter-se and/or between them and the PoA-holder - It would be improper to drag the appellant into criminal litigation, when he had no role either in the execution of the P
India Law Library Docid # 1603905

(52) GOVERNMENT OF GOA THROUGH THE CHIEF SECRETARY Vs. MARIA JULIETA D’SOUZA (D) AND OTHERS [SUPREME COURT OF INDIA] 31-01-2024
Suit for declaration of title and injunction - There is a clear distinction between burden of proof and standard of proof - While inquiring into whether a fact is proved, the sufficiency of evidence is to be seen in the context of standard of proof, which in civil cases is by preponderance of probability - High Court has correctly arrived at its conclusion regarding the existence of title in favour of the plaintiff on the basis of the evidence adduced - Appeal dismissed.
India Law Library Docid # 1603927

(53) SHATRUGHNA ATMARAM PATIL AND OTHERS Vs. VINOD DODHU CHAUDHARY AND ANOTHER [SUPREME COURT OF INDIA] 30-01-2024
Property Dispute – Dispute over illegal demolition - The case involves a dispute over premises owned by ‘R’ later sold to five individuals - The tenants filed a complaint alleging illegal demolition and coercion by the deceased owner's brother, widow, and police personnel - The complaint initially faced challenges, leading to a revision by the Sessions Judge, which directed registration and investigation - The accused, including police personnel, appealed to the High Court, which upheld the orde
India Law Library Docid # 1603898

(54) SHEIKH ARIF Vs. THE STATE OF MAHARASHTRA AND ANOTHER [SUPREME COURT OF INDIA] 30-01-2024
Penal Code, 1860 (IPC) – Sections 376(2), 377, 504, 506 - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 - Section 3 – Rape - Consensual relationship - Quashing of Criminal Proceedings - The appellant faced charges under above section, based on an FIR filed by the second respondent - The complaint alleged a consensual relationship with the appellant, false promises of marriage, and subsequent marriage to another woman - The appellant contended a valid Nikah with the
India Law Library Docid # 1603899

(55) BAITULLA ISMAIL SHAIKH AND ANOTHER Vs. KHATIJA ISMAIL PANHALKAR AND OTHERS [SUPREME COURT OF INDIA] 30-01-2024
Maharashtra Rent Control Act 1999 - Section 16(1)(i) - When landlord may recover possession - The Bombay High Court, in a judgment dated 4th August 2015, set aside the eviction decrees passed against the tenants in two separate suits filed by the landlords - The tenants had challenged the eviction orders on the ground that they were not bona fide requirements of the landlords - The landlords had sought eviction of the tenants on the grounds that they required the premises for demolition and cons
India Law Library Docid # 1603900

(56) AMIT KUMAR DAS, JOINT SECRETARY, BAITANIK, A REGISTERED SOCIETY Vs. SHRIMATI HUTHEESINGH TAGORE CHARITABLE TRUST [SUPREME COURT OF INDIA] 30-01-2024
Contempt of Courts Act, 1971 - Section 2(b) - ‘civil contempt’ - This case involves a dispute related to contempt of court arising from a stay order passed in an appeal - The contemnor allegedly violated the stay order by letting out the premises for exhibitions, prompting the Trust to initiate contempt proceedings - Instead of proceeding with contempt proceedings, the High Court vacated the stay order, allowing the Trust to execute the decree - The contemnor challenged this decision, arguing th
India Law Library Docid # 1603901

(57) SACHIN GARG Vs. STATE OF U.P AND ANOTHER [SUPREME COURT OF INDIA] 30-01-2024
Criminal Law - Allegations do not establish the ingredients of criminal offences - Dispute between the parties was essentially a commercial nature - Appellant, who was the Head of the factory of Exide Industries Limited ("EIL"), is involved in a dispute with the respondent, who runs a proprietary concern named Ambika Gases - The dispute revolves around a purchase order for the supply of Dissolved Acetylene Gas ("DA Gas"), used in manufacturing batteries at the EIL factory - The original purchase
India Law Library Docid # 1603902

(58) GULSHAN BAJWA Vs. REGISTRAR, HIGH COURT OF DELHI AND ANOTHER [SUPREME COURT OF INDIA] 30-01-2024
Contempt of Courts Act, 1971 – Legal proceedings related to criminal contempt of court - The case involves a practicing advocate and former army personnel who was convicted by the High Court of Delhi under the Contempt of Courts Act, 1971 - The appellant's actions include making threats to a lady advocate, failing to appear in court, filing baseless allegations, and engaging in a pattern of contemptuous behavior - The High Court found the appellant guilty and sentenced him to three months of civ
India Law Library Docid # 1603903

(59) DASHRATH SAHU Vs. STATE OF CHHATTISGARH [SUPREME COURT OF INDIA] 29-01-2024
Penal Code, 1860 (IPC) – Sections 354 and 451 - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(1)(xi) - Conviction - The Supreme Court upheld the conviction of the accused for the offences punishable under Sections 354 and 451 IPC, but overturned his conviction for the offence punishable under Section 3(1)(xi) SC/ST Act. The Court held that the prosecution had failed to prove beyond a reasonable doubt that the accused had assaulted the victim with the inte
India Law Library Docid # 1603892

(60) P.C. JAIN Vs. DR. R.P. SINGH [SUPREME COURT OF INDIA] 29-01-2024
Consumer Law - Medical Negligence - The appellant filed a consumer complaint against the respondent alleging medical negligence in a surgical procedure that resulted in the loss of vision in his left eye - The appellant initially received compensation from the District Consumer Disputes Redressal Commission (DCDRC), but the respondent appealed and won, arguing that the DCDRC lacked jurisdiction - The appellant then appealed to the National Consumer Disputes Redressal Commission (NCDRC), which re
India Law Library Docid # 1603893