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Latest Cases

(61) SANJAY UPADHYA Vs. ANAND DUBEY [SUPREME COURT OF INDIA] 29-01-2024
Constitution of India, 1950 - Article 19(1)(a) - Penal Code, 1860 (IPC) - Section 500 - Defamation - Quashing of complaint - A complaint has been filed against the appellant/accused, the registered owner of the 'Sunday Blast' newspaper - Allegation is that the accused allowed the publication of a news article in the February 24, 2013 edition with the title "Advocate ne pan masala vyavasayi par karaya jhuta mamla darj," - Order passed by Magistrate First Class, Hoshangabad rejecting the complaint
India Law Library Docid # 1603894

(62) DIRECTOR GENERAL, COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH(CSIR) Vs. J.K. PRASHAR AND OTHERS [SUPREME COURT OF INDIA] 29-01-2024
Service Law - Promotion –Promotion of respondent nos. 2 and 3 on the post of Under Secretary - The Court found that respondent no. 1 was eligible to be promoted to the post of Under Secretary because he had been appointed as Section Officer - The Court also found that the appellant-CSIR had not disputed this fact in its reply before the High Court - The Court further found that the appellant-CSIR's argument that respondent no. 1 was not graded as 'Good' whereas respondent nos. 2 & 3 were grad
India Law Library Docid # 1603895

(63) J.N. PURI Vs. STATE OF UTTAR PRADESH (NOW STATE OF UTTARAKHAND) AND OTHERS [SUPREME COURT OF INDIA] 29-01-2024
Land Acquisition - Restoration of writ petition - High Court of Uttarakhand was not correct in holding that the application for restoration of the writ petition which was dismissed for non-prosecution vide order dated 26th February, 1992 was submitted with a delay of seven years - As a matter of fact, the application for restoration was filed within a period of one month which fact has been admitted at para 5 of the counter affidavit filed by the State of Uttar Pradesh / Uttarakhand (respondent
India Law Library Docid # 1603896

(64) AJITSINH CHEHUJI RATHOD Vs. STATE OF GUJARAT AND ANOTHER [SUPREME COURT OF INDIA] 29-01-2024
Negotiable Instruments Act, 1881 (NI) - Section 138 - Evidence Act, 1872 - Section 73 - Cheque Bounce - Comparison of signature - In an appropriate case, the certified copy of the specimen signature maintained by the Bank can be procured with a request to the Court to compare the same with the signature appearing on the cheque by exercising powers under Section 73 of the Evidence Act, 1872.
India Law Library Docid # 1603897

(65) YAGWATI @ POONAM Vs. GHANSHYAM [SUPREME COURT OF INDIA] 29-01-2024
Hindu Adoption and Maintenance Act, 1956 - Section 18 - Maintenance to wife - Enhancement of - Husband serving as Assistant Manager, BSNL and his salary is Rs. 1,05,871 (Rupees One Lakh Five Thousand Eight Hundred and Seventy One) per month - Monthly maintenance enhanced form Rs. 10,000 to Rs. 20,000 - Appeal allowed.
India Law Library Docid # 1603906

(66) KRISHAN Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 25-01-2024
Penal Code, 1860 (IPC) - Section 302 - Arms Act, 1959 - Section 25 - Evidence Act, 1872 - Section 27 - Murder - Acquittal - Benefit of doubt - Evidence of recovery of the weapon at the instance of the appellant-accused cannot be accepted as reliable - It cannot be said that there was a discovery by the appellant of the place where dead bodies were kept - Part of the statement of the accused, which records that he would show the place where he had thrown the dead bodies, is not admissible in evid
India Law Library Docid # 1603891

(67) PRAKASHCHANDRA JOSHI Vs. KUNTAL PRAKASHCHANDRA JOSHI @ KUNTAL VISANJI SHAH [SUPREME COURT OF INDIA] 24-01-2024
Constitution of India, 1950 - Article 142 - Dissolution of marriage on the ground of irretrievable breakdown of marriage - Parties were Indian citizens by birth but later acquired citizenship in Canada - Parties are residing separately since February, 2011 and there have been no contact whatsoever between them during this long period of almost 13 years - Wife is not even responding to the summons issued by the courts - It seems she is no longer interested in continuing the marital relations with
India Law Library Docid # 1603887

(68) RAJA NAYKAR Vs. STATE OF CHHATTISGARH [SUPREME COURT OF INDIA] 24-01-2024
Penal Code, 1860 (IPC) - Sections 302 and 201 read with 120B - Murder - Acquittal - Only circumstance that may be of some assistance to the prosecution case is the recovery of dagger at the instance of Accused - In any case, the blood found on the dagger does not match with the blood group of the deceased - Sole circumstance of recovery of blood-stained weapon cannot form the basis of conviction unless the same was connected with the murder of the deceased by the accused - Only on the basis of s
India Law Library Docid # 1603888

(69) CENTRAL BUREAU OF INVESTIGATION Vs. KAPIL WADHAWAN AND ANOTHER [SUPREME COURT OF INDIA] 24-01-2024
Criminal Procedure Code, 1973 (CrPC) - Section 173(2) - Penal Code, 1860 (IPC) - Section 120-B read with Section 409, 420 and 477A - Prevention of Corruption Act, 1988 - Section 13(2) read with Section 13(1)(d) - Default Bail - Accused persons siphoned off and misappropriated a significant portion of the funds by falsifying the books of account of DHFL and deliberately and dishonestly defaulted on repayment of the legitimate dues of the said consortium banks, and thereby caused a wrongful loss o
India Law Library Docid # 1603889

(70) T.N. GODAVARMAN THIRUMULPAD AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 24-01-2024
Identification of Private Forests - Modification of criteria - Existing criteria for identification of private forests in the State of Goa are adequate and valid, hence, they require no alteration - Ministry of Environment, Forest & Climate Change guidelines, as well as the Scheduled Tribes & other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, are clear and unambiguous, as they have exempted the application of the Forest Conservation Act, 1980, on areas that are less than
India Law Library Docid # 1603890

(71) RANI CHANDER KANTA (D) THR. LRS. AND OTHERS Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 24-01-2024
Displaced Person (Compensation and Rehabilitation) Act, 1954 - Sections 5, 22 and 25 - Review and amendment of orders - Section 25 of the 1954 Act, which provides for review of the orders passed under the Act, mentions that any person aggrieved by an order of Settlement Officer under Section 5, from which no appeal is allowed under Section 22, may, within thirty days from the date of the order, file a review petition - It further provides that a clerical or arithmetical error in any order passed
India Law Library Docid # 1603907

(72) ADV BABASAHEB WASADE AND OTHERS Vs. MANOHAR GANGADHAR MUDDESHWAR AND OTHERS [SUPREME COURT OF INDIA] 23-01-2024
Societies Registration Act, 1860 - Section 15 - Defaulting Member - Notice for meeting of election - A clear reading and interpretation of the proviso to Section 15 of the Societies Registration Act, 1860 would disentitle such defaulting members from being given any notice even if their membership was not terminated or ceased - However, the effect of the proviso to Section 15 of the Registration Act which admittedly is applicable to the Society, the Objectors have to be treated as suspended memb
India Law Library Docid # 1603884

(73) M/S MANGALAM PUBLICATIONS, KOTTAYAM Vs. COMMISSIONER OF INCOME TAX, KOTTAYAM [SUPREME COURT OF INDIA] 23-01-2024
Income Tax Act, 1961 - Sections 139 and 147 - A return filed without the regular balance sheet and profit and loss account may be a defective one but certainly not invalid - A defective return cannot be regarded as an invalid return - Assessing officer has the discretion to intimate the assessee about the defect(s) and it is only when the defect(s) are not rectified within the specified period that the assessing officer may treat the return as an invalid return - Ascertaining the defects and int
India Law Library Docid # 1603885

(74) MARIAM FASIHUDDIN AND ANOTHER Vs. STATE BY ADUGODI POLICE STATION AND ANOTHER [SUPREME COURT OF INDIA] 22-01-2024
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 420, 468, 471 read with Section 34 - Passports Act, 1967 - Section 12(b) - Quashing of FIR - Wife forged her husband's signatures in order to obtain a passport for their minor child - In order to attract the provisions of Section 420 IPC, the prosecution has to not only prove that the accused has cheated someone but also that by doing so, he has dishonestly induced the person who is cheated to deliver property
India Law Library Docid # 1603881

(75) BOMBAY MERCANTILE COOPERATIVE BANK LTD. THROUGH ITS AUTHORIZED SIGNATORY Vs. M/S U.P GUN HOUSE AND OTHERS [SUPREME COURT OF INDIA] 22-01-2024
In 1996, Saeedul Hasan Khan, sole proprietor of the Gun House took loan of Rs. 2,00,000/- (rupees two lakhs only) from the Cooperative Bank to establish a firearms business. The loan was secured by mortgaging immovable property.
India Law Library Docid # 1603908

(76) KUSHA DURUKA Vs. THE STATE OF ODISHA [SUPREME COURT OF INDIA] 19-01-2024
Bail Applications - Directions issued to streamline of bail proceedings - Mandatorily mention in a application for grant of bail: - Details and copies of order(s) passed in the earlier bail application(s) filed by the petitioner which have been already decided.
India Law Library Docid # 1603878

(77) RAJA GOUNDER AND OTHERS Vs. M. SENGODAN AND OTHERS [SUPREME COURT OF INDIA] 19-01-2024
Hindu Succession Act, 1955 - Section 16 - Partition Suit - Entitlement of share to the children of void or voidable marriages - If a marriage is considered void or invalid, the children born from that marriage still have a legal right to inherit their parent's property - Suit is one for partition, and the shares are dependent upon the nature of status and the time at which the partition is decreed - It is axiomatic that the shares fluctuate not only with the happening of events in the family but
India Law Library Docid # 1603879

(78) JAY SHRI AND ANOTHER Vs. STATE OF RAJASTHAN [SUPREME COURT OF INDIA] 19-01-2024
Criminal Procedure Code, 1973 (CrPC) - Section 438 - Penal Code, 1860 (IPC) - Sections 420 and 406 - Anticipatory Bail - Breach of contract - Civil Dispute - Mere breach of contract does not amount to an offence under Section 420 or Section 406 of the Indian Penal Code, 1860, unless fraudulent or dishonest intention is shown right at the beginning of the transaction - Any effort to settle civil disputes and claims, which do not involve any criminal offence, by applying pressure through criminal
India Law Library Docid # 1603880

(79) RAMALINGAM AND OTHERS Vs. N. VISWANATHAN [SUPREME COURT OF INDIA] 18-01-2024
Criminal Procedure Code, 1973 (CrPC) - Section 227 - Penal Code, 1860 (IPC) - Sections 341, 323 and 302 - Murder - Discharge - As per post-mortem report death of the deceased was natural - No injury was found on the chest or any other part of the body of the deceased - Order of discharge upheld.
India Law Library Docid # 1603876

(80) THE STATE OF ASSAM AND OTHERS Vs. BINOD KUMAR AND OTHERS [SUPREME COURT OF INDIA] 18-01-2024
Assam Police Act, 2007 - Section 14(2) - Assam Police Manual - Rule 63(iii) - Deputy Commissioner would not be competent to assess the overall performance of Superintendent of Police (SP) - Rule 63(iii) of Assam Police Manual invalid on the ground that it is in direct conflict with Section 14(2) of the Assam Police Act, 2007 - All India Services (Confidential Rolls) Rules, 1970/All India Services (Performance Appraisal Report) Rules, 2007 define reporting, reviewing and accepting authorities to
India Law Library Docid # 1603877