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(61) KARAN @ FATIYA Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 03-03-2023
Penal Code, 1860 (IPC) - Sections 201, 302, 363 and 376(2)(i) - Protection of Children from Sexual Offences Act, 2012 - Sections 5(m) and 6 - Juvenile Justice (Care and Protection) Act, 2015 - Section 9 - Rape and murder of a minor girl - Accused was juvenile at the time of the offence - A trial conducted and conviction recorded by the Sessions Court would not be held to be vitiated in law even though subsequently the person tried has been held to be a child - Conviction could be tested and the
India Law Library Docid # 1602795

(62) PREMCHAND Vs. THE STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 03-03-2023
Penal Code, 1860 (IPC) - Sections 300 Exception 4 - Culpable homicide is not murder - Trial court lacked in objectivity by not examining the facts and circumstances as to whether the situation was such as is likely to reasonably cause an apprehension in the mind of the appellant that there was imminent danger to his body, of either death or grievous hurt being caused to him, if he did not act in private defence. To impute intention to cause death or the intention to cause that particular injury,
India Law Library Docid # 1602796

(63) THE STATE OF WEST BENGAL Vs. DEBABRATA TIWARI AND OTHERS ETC. ETC. [SUPREME COURT OF INDIA] 03-03-2023
Service Law - Compassionate appointment - There was no policy existing to govern compassionate appointment to posts under local authorities in the State of West Bengal and hence, in the absence of such a policy, compassionate appointment cannot be granted - Assuming that there was such a policy, it would be of no redeeming purpose to direct that the applications for appointment on compassionate grounds be considered and decided several years after they were filed.
India Law Library Docid # 1602797

(64) DEBIDUTTA MOHANTY Vs. RANJAN KUMAR PATTNAIK AND OTHERS [SUPREME COURT OF INDIA] 03-03-2023
Orissa Minor Minerals Concession Rules, 2016 - Rule 51(7) - Cancellation of lease - Rule 51(7) shall be applicable in case of breach of any condition of the lease deed - Present case is not a case of breach of any condition of the lease deed, but a case of producing invalid solvency certificate at the time of submission of the bid - Therefore, Rule 51(7) shall not be applicable at all to the facts of the case at hand - High Court has committed a very serious error in quashing and setting aside t
India Law Library Docid # 1602798

(65) THE SECRETARY MINISTRY OF CONSUMER AFFAIRS Vs. DR. MAHINDRA BHASKAR LIMAYE AND OTHERS [SUPREME COURT OF INDIA] 03-03-2023
Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of President and Members of State Commission and District Commission) Rules, 2020 - A person having bachelor's degree from a recognized University and who is a person of ability, integrity and standing, and having special knowledge and professional experience of not less than 10 years in consumer affairs, law, public affairs, administration, economics, comm
India Law Library Docid # 1602800

(66) UNION OF INDIA Vs. SANJIV CHATURVEDI [SUPREME COURT OF INDIA] 03-03-2023
Constitution of India, 1950 - Article 226(2) - Territorial jurisdiction - Issue involved is with respect to the territorial jurisdiction of the High Courts and the effect of introduction of Article 226(2) of the Constitution of India and the statement of the Law Minister while introducing Article 226(2) of the Constitution referred and that the issue involved affects a large number of employees and is of public importance
India Law Library Docid # 1602799

(67) VISHAL TIWARI Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 02-03-2023
Adani Group-Hindenburg Research - Batch of petitions concerns the loss of investor wealth in the securities market over the last few weeks because of a steep decline in the share price of the Adani Group of companies. The decline in the share price was precipitated by a report published by Hindenburg Research on 24 January 2023 - This report inter alia alleges that the Adani Group of companies has manipulated its share prices; failed to disclose transactions with related parties and other releva
India Law Library Docid # 1602777

(68) CHAIRMAN-CUM-M.D. ITI LIMITED Vs. K. MUNISWAMY AND OTHERS [SUPREME COURT OF INDIA] 02-03-2023
Industrial Employment (Standing Orders) Act, 1946 - Clause 17(7)(iii) - On a plain reading of clause 17(7)(iii), it does not create any right in favour of any employee - Use of the word 'may' indicates that it gives discretion to the appellant to continue some of the employees after completing the age of 58 years, till they complete 60 years of age - Clause 17(7)(iii) of the Standing Orders only enables the appellant-company to continue any employee in service till he or she attains the age of 6
India Law Library Docid # 1602778

(69) M/S HORNBILL CONSULTANTS Vs. STATE OF PUNJAB AND OTHERS [SUPREME COURT OF INDIA] 02-03-2023
Constitution of India, 1950 - Article 226 - Extraordinary jurisdiction - In contractual matters, the High Courts do not like to exercise extraordinary jurisdiction under Article 226 of the Constitution of India, even though this power is plenary in nature and not limited by any provision of the Constitution of India; as normally, when disputed questions of fact arise, adjudication in a civil court is more appropriate, just and fair. Nevertheless, this is not an absolute rule; more so in cases wh
India Law Library Docid # 1602779

(70) FUTURE SECTOR LAND DEVELOPERS LLP AND ANOTHER Vs. BAGMANE DEVELOPERS PRIVATE LIMITED AND OTHERS ETC. [SUPREME COURT OF INDIA] 02-03-2023
Civil Procedure Code, 1908 (CPC) - Section 20, Order VII Rule 10 and Order VII Rule 11 - Plaint does not even show the particulars of the Office of the Registrar where the deeds of confirmation were registered and the deeds of power of attorney were registered and subsequently cancelled - Though a relief is sought to direct the Registrar to cancel the deeds of revocation of power of attorney, the details of the Office of the Registrar are not provided and he is also not made a party - It is seen
India Law Library Docid # 1602780

(71) ANOOP BARANWAL Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 02-03-2023
Constitution of India, 1950 - Articles 324 and 324(2) - Appointment of Chief Election Commissioner - Appointment to the posts of Chief Election Commissioner and the Election Commissioners are concerned, the same shall be done by the President of India on the basis of the advice tendered by a Committee consisting of the Prime Minister of India, the Leader of the Opposition in the Lok Sabha and, in case, there is no such Leader, the Leader of the largest Party in the Opposition in the Lok Sabha ha
India Law Library Docid # 1602781

(72) COMMISSIONER OF TRADE TAX Vs. M/S. KUMAR PAINTS AND MILL STORES THROUGH ITS PROPRIETOR [SUPREME COURT OF INDIA] 02-03-2023
Uttar Pradesh Trade Tax Act, 1948 - Section 2(e)(i) - Base paint was mixed with colouring as an additive - Both of these had suffered tax - Paint of a different shade, did not result in a new commercial product - In common parlance, the new product was nothing else but paint, and not a different article.
India Law Library Docid # 1602837

(73) M/S. BLS INFRASTRUCTURE LIMITED Vs. M/S. RAJWANT SINGH AND OTHERS [SUPREME COURT OF INDIA] 01-03-2023
Negotiable Instruments Act, 1881 - Section 138 - Dishonour of cheque - Appeal against acquittal - Where the complainant had already been examined as a witness in the case, it would not be appropriate for the Court to pass an order of acquittal merely on non-appearance of the complainant - Order of acquittal was set-aside and it was directed that the prosecution would proceed from the stage where it reached before the order of acquittal was passed - Appeal allowed.
India Law Library Docid # 1602774

(74) RAVI DHINGRA Vs. THE STATE OF HARYANA [SUPREME COURT OF INDIA] 01-03-2023
Penal Code, 1860 (IPC) - Sections 363 and 364A - Merely concerned with ransom and its ratio would be of no assistance to cases where the fulfilment of other ingredients of crime under Section 364A is brought into question - Conviction under Section 364A of the IPC - Appellants are now convicted for the offence under Section 363 of the IPC.
India Law Library Docid # 1602775

(75) THE STATE OF CHATTISGARH AND ANOTHER Vs. AMAN KUMAR SINGH AND OTHERS ETC. ETC. [SUPREME COURT OF INDIA] 01-03-2023
Investigation of Corruption Cases - To maintain probity in the system of governance as well as to ensure that societal pollutants are weeded out at the earliest, it would be eminently desirable if the high courts maintain a hands-off approach and not quash a first information report pertaining to "corruption" cases, specially at the stage of investigation, even though certain elements of strong-arm tactics of the ruling dispensation might be discernible.
India Law Library Docid # 1602776

(76) SARABJIT KAUR Vs. THE STATE OF PUNJAB AND ANOTHER [SUPREME COURT OF INDIA] 01-03-2023
Penal Code, 1860 - Sections 420, 120-B and 506 - Cheating - Quashing of FIR - Merely on the allegation of failure to keep up promise will not be enough to initiate criminal proceedings - A breach of contract does not give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction - FIR quashed.
India Law Library Docid # 1602783

(77) VIKAS RATHI Vs. THE STATE OF U.P. AND ANOTHER [SUPREME COURT OF INDIA] 01-03-2023
Criminal Procedure Code, 1973 (CrPC) - Section 319 - Summoning of additional accused - Power u/s 319 CrPC is a discretionary and an extraordinary power. It is to be exercised sparingly and only in those cases where the circumstances of the case so warrant. It is not to be exercised because the magistrate or the sessions judge is of the opinion that some other person may also be guilty of committing that offence. Only where strong and cogent evidence occurs against a person from the evidence laid
India Law Library Docid # 1602784

(78) SHANTI PRASAD (D) THR. LRS Vs. THAKUR DASS (D) THR. LRS AND OTHERS [SUPREME COURT OF INDIA] 01-03-2023
Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - Section 20(4) - Rent and Eviction - On or before the first date of hearing the tenant had deposited the arrears of rent as demanded together with interest and costs of the suit - Tenant was entitled to the benefit of the provision of sub-section (4) of Section 20 of the U.P. Act and the courts below were not justified in denying its benefit to the tenant only on the ground that the plea taken by him with regard
India Law Library Docid # 1602802

(79) COMMISSIONER OF CENTRAL EXCISE, ALLAHABAD Vs. M/S J.R. ORGANICS LIMITED [SUPREME COURT OF INDIA] 01-03-2023
Determination of value of goods - Most conservative price is to be taken into account while determining the value of goods, CESTAT approach and conclusions cannot be faulted.
India Law Library Docid # 1602803

(80) INDRAJIT DAS Vs. THE STATE OF TRIPURA [SUPREME COURT OF INDIA] 28-02-2023
Penal Code, 1860 (IPC) - Sections 302/34 and 202 - Murder - Acquittal - Extra-judicial confession is a weak piece of evidence and especially when it has been retracted during trial - It requires strong evidence to corroborate it and also it must be established that it was completely voluntary and truthful - Major links of the chain of circumstances have not been proved by the prosecution evidence and as such it would be unjust to uphold the conviction.
India Law Library Docid # 1602769

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