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(61) PRAKASH BANG Vs. GLAXO SMITHKLINE PHARMACEUTICALS LTD. AND ANOTHER [SUPREME COURT OF INDIA] 05-09-2023
The appellant is before this Court assailing the order dated 25.04.2012 passed by the National Consumer Disputes Redressal Commission, New Delhi (‘NCDRC’ for short) in Consumer Case No.178 of 1999. Through the said order the NCDRC has held that the complainant has miserably failed to establish his case in regard to either any defect in the drug in question or any negligence amounting to deficiency in service on the part of the respondent who is the manufacturer of the drug. In that view, the com
India Law Library Docid # 1603554

(62) AMEENA BEGUM Vs. THE STATE OF TELANGANA AND OTHERS [SUPREME COURT OF INDIA] 04-09-2023
Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders, Land Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986 - Section 3(2) - Preventive Dete
India Law Library Docid # 1603527

(63) PURUSHOTTAM BAGH SAHKARI AWAS SAMITI LTD. Vs. SRI SHOBHAN PAL SINGH AND ANOTHER ETC. [SUPREME COURT OF INDIA] 04-09-2023
Land Dispute - Dispute over the allocation of a residential plot to Mr. 'K' and subsequent attempts to cancel the sale deed - The society alleged that Mr. 'K' provided a false affidavit and violated their Society's bylaws - The matter went to arbitration, and an award declared the sale deed null and void, which was later upheld on appeal - 'K' successors challenged this decision in a writ petition, and the High Court ruled in their favor, finding that the society had failed to provide evidence o
India Law Library Docid # 1603528

(64) RAJENDRA PRASAD AND OTHERS Vs. STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 04-09-2023
Uttar Pradesh Subordinate Offices Ministerial Group "C" Posts of the Lowest Grade (Recruitment by Promotion) Rules, 2001 - Rule 5 - These rules allocate 20% of these posts for promotion from Group "D" employees, with 15% for High School pass candidates and 5% for Intermediate pass candidates - In 2010, a seniority list was prepared for promotion, but some senior appellants were not selected - They initially approached the High Court, which directed them to the Uttar Pradesh State Public Services
India Law Library Docid # 1603529

(65) MUNNA PANDEY Vs. STATE OF BIHAR [SUPREME COURT OF INDIA] 04-09-2023
Constitution of India, 1950 - Article 21 - A crucial requirement of Article 21 in the Constitution of India is the assurance of a trial that is both equitable and unbiased - When a criminal trial lacks fairness and impartiality, it erodes the public's trust in the judge's fairness and the justice system as a whole - Depriving someone of a fair trial is unjust not only to the accused but also to the victim and society at large - A trial can only be considered fair when it involves an impartial ju
India Law Library Docid # 1603530

(66) FULMATI DHRAMDEV YADAV AND ANOTHER Vs. NEW INDIA ASSURANCE CO. LTD. AND ANOTHER [SUPREME COURT OF INDIA] 04-09-2023
Employees Compensation Act, 1923 - Section 30 - An appeal from an order of Commissioner can be entertained only if there exists a substantial question of law to be considered.
India Law Library Docid # 1603531

(67) PRAMOD KUMAR MISHRA Vs. THE STATE OF U.P. [SUPREME COURT OF INDIA] 04-09-2023
Penal Code, 1860 (IPC) - Section 307 - Reduction of sentence - Attempt to murder - Old enmity relating to piece of land - It can be seen that 39 years have passed since the date of offence and both the other accused persons have come to be acquitted - There are no criminal antecedents of accused-appellant that have been brought on record - Further, from the record, it cannot be said that the accused-appellant acted in a premeditated manner, whatsoever - Sentence reduced to 3 years from 5 years.
India Law Library Docid # 1603532

(68) L.R. PATIL Vs. GULBARGA UNIVERSITY, GULBARGA [SUPREME COURT OF INDIA] 04-09-2023
The appellant assails the tenability and validity of the judgment dated 23.10.2009 of the Division Bench of the High Court of Karnataka, Circuit Bench at Gulbarga passed in W.A. No. 10003 of 2009, by which the order passed by learned Single Judge on 27.08.2008 in W.P. No. 4066 of 2006 allowing the petition holding that the appellant had lien over his previous post and directing respondent-University to pay service and pensionary benefits
India Law Library Docid # 1603537

(69) JAMBOO BHANDARI Vs. M.P. STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD. AND OTHERS [SUPREME COURT OF INDIA] 04-09-2023
Criminal Procedure Code, 1973 (CrPC) - Sections 138 and 389 - Negotiable Instruments Act, 1881 (NI) - Section 148 - Suspension of sentence - Condition of deposit of 20% of the fine/compensation amount - Normally, Appellate Court will be justified in imposing the condition of deposit as provided in Section 148 - However, in a case where the Appellate Court is satisfied that the condition of deposit of 20% will be unjust or imposing such a condition will amount to deprivation of the right of appea
India Law Library Docid # 1603571

(70) DERHA Vs. VISHAL AND ANOTHER [SUPREME COURT OF INDIA] 01-09-2023
Hindu Succession Act, 1956 - Section 6 - Devolution of interest in coparcenary property - When a male Hindu died after the commencement of the Act of 1956, having at the time of his death an interest in Mitakshara coparcenary property, his interest in that property shall devolve by survivorship upon the surviving members of the coparcenary - However, the proviso thereto states that, if the deceased left behind him a surviving female relative specified in Class I of the Schedule or a male relativ
India Law Library Docid # 1603520

(71) REVANASIDDAPPA AND ANOTHER Vs. MALLIKARJUN AND OTHERS [SUPREME COURT OF INDIA] 01-09-2023
Hindu Marriage Act, 1955 - Sections 16(1), 16(2) and 16(3) - Whether a child who is conferred with legislative legitimacy under Section 16(1) or 16(2) is, by reason of Section 16(3), entitled to the ancestral/coparcenary property of the parents or is the child merely entitled to the self-earned/separate property of the parents - Held, a child of a marriage which is null and void under Section 11 is statutorily conferred with legitimacy irrespective of whether (i) such a child is born before or a
India Law Library Docid # 1603524

(72) UNION OF INDIA AND OTHERS Vs. MANJURANI ROUTRAY AND OTHERS [SUPREME COURT OF INDIA] 01-09-2023
Scientific and Technical Group "A" (Gazetted) posts in the Ministry of Information Technology (in-situ Promotion under Flexible Complementing Scheme) Rules, 1998 - Rule 4(b) - In the writ petition seeking a writ of certiorari challenging the order of the CAT, the High Court ought not to have declared Rule 4(b) as ultra vires - For striking down the provisions of law or for declaring any rules as ultra vires, specific pleading to challenge the rules and asking of such relief ought to be made.
India Law Library Docid # 1603525

(73) PALLAVI Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 01-09-2023
NEET PG - Rejection of candidature to Post Graduate Medical Seat - Petitioner is a U.S. National holds an Overseas Citizen of India card by the All India Institute of Medical Sciences (AIIMS) - Eligibility to claim the benefit of Overseas Citizen of India (OCI) card holder is undeniable - Rejection of her candidature is not supportable in law - Undoubtedly the petitioner was treated as a foreign national and allowed to appear in the NEET mains- as OCI cardholder; she even secured a fairly high r
India Law Library Docid # 1603526

(74) HARENDRA RAI Vs. THE STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 01-09-2023
Considering the facts and circumstances of the case and the findings recorded by us and also taking into consideration the fact that the incident is of the year 1995, almost 28 years old, awarding death sentence would not be appropriate and as such we award imprisonment for life to respondent no.2 under Section 302 IPC along with fine of Rs.20 lacs. Further, respondent no.2 is awarded 7 years rigorous imprisonment under
India Law Library Docid # 1603551

(75) ABHISHEK Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 31-08-2023
A. Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Section 498A - Quashing of FIR - Cruelty and harassment for dowry by mother-in-law and brother-in-law - After leaving matrimonial home in February, 2009, and filed a complaint in the year 2013 alleging dowry harassment, just before her husband instituted divorce proceedings - Allegations are mostly general and omnibus in nature, without any specific details as to how and when her brothers-in-law and mother-in-law, w
India Law Library Docid # 1603519

(76) ZUNAID Vs. STATE OF U.P. AND OTHERS [SUPREME COURT OF INDIA] 29-08-2023
Criminal Procedure Code, 1973 (CrPC) - Section 173 and 190 - Protest Petition - Rights of Complainant - Taking Cognizance of Offence - Power of Magistrate - Even in a case where the final report of the police under Section 173 is accepted and the accused persons are discharged, the Magistrate has the power to take cognizance of the offence on a complaint or a Protest Petition on the same or similar allegations even after the acceptance of the final report - Magistrate is not debarred from taking
India Law Library Docid # 1603517

(77) NIRANJAN DAS @ NIRU DAS @ MAHANTO Vs. THE STATE OF WEST BENGAL [SUPREME COURT OF INDIA] 29-08-2023
Penal Code, 1860 (IPC) - Section 302 - Murder - High Court decided the appeal on the same day on which the advocate was appointed - Object of appointing an advocate to espouse the cause of the appellant who was unrepresented was to ensure that justice is done to him - Advocate appointed to represent accused was not granted even a reasonable time to prepare herself - Therefore, the impugned judgment insofar as relates to the appeal preferred by the appellant is concerned will have to be set aside
India Law Library Docid # 1603518

(78) JAGPAL SINGH Vs. THE STATE OF U.P. AND OTHERS [SUPREME COURT OF INDIA] 29-08-2023
Service Law - Termination of temporary employment - Petitioner was appointed simply as a temporary Collection Peon and his services were determined simpliciter within three years - Terminating the services of the petitioner, is final and conclusive - It has not been disturbed by any court of law - However, the petitioner continued to function as temporary Collection Peon on the strength of an interim order passed in Special Appeal which was ultimately dismissed - Therefore, any promotion given t
India Law Library Docid # 1603514

(79) STATE OF HARYANA Vs. DHARAMRAJ [SUPREME COURT OF INDIA] 29-08-2023
Criminal Procedure Code, 1973 (CrPC) - Sections 82 and 438 - Proclaimed offender - Anticipatory bail - A proclaimed offender would not be entitled to anticipatory bail - In an exceptional and rare case, Supreme Court or High Courts can consider a plea seeking anticipatory bail - Accused without first successfully assailing the order declaring him as a proclaimed offender, could not have proceeded to seek anticipatory bail.
India Law Library Docid # 1603522

(80) SATBIR SINGH Vs. STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 29-08-2023
Criminal Procedure Code, 1973 (CrPC) - Section 311 - Recall of witness for further examination - Request for recall of the appellant as a witness under Section 311, CrPC was justified, as at the relevant point of time in his initial deposition, there was no occasion for him to bring the relevant facts relating to similarity of data before the Court, which arose after the CFSL expert was examined.
India Law Library Docid # 1603523