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(81) SHADAKSHARI Vs. STATE OF KARNATAKA AND ANOTHER [SUPREME COURT OF INDIA] 17-01-2024
Criminal Procedure Code, 1973 (CrPC) - Sections 197 and 482 - Penal Code, 1860 (IPC) - Sections 409, 419, 420, 423, 465, 466, 467, 468, 471 and 473 - Fabrication of records - Sanction for prosecution - Section 197 Cr.PC does not extend its protective cover to every act or omission of a public servant while in service - It is restricted to only those acts or omissions which are done by public servants in the discharge of official duties - Certainly, a view can be taken that manufacturing of such
India Law Library Docid # 1603875

(82) NARA CHANDRABABU NAIDU Vs. THE STATE OF ANDHRA PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 16-01-2024
The appellant is aggrieved by initiation of a criminal proceeding against him and his detention in connection with the same by the respondent State through its CID. Allegations have been made against him for commission of offences under Sections 166, 167, 418, 420, 465, 468, 471, 409, 209 and 109 read with Sections 120-B, 34 and 37 of the Indian Penal Code, 1860 and Section 12 and 13(2) read with Sections 13(1)(c) and (d) of the Prevention of Corruption Act, 1988. The said offences are alleged t
India Law Library Docid # 1603874

(83) S. RAJASEEKARAN AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 12-01-2024
Motor Vehicles Act, 1988 - Section 161 - Hit and Run Motor Accidents - Police must inform victims or their legal representatives about the Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022 (Scheme) - There are cases where the Police, as well as the Claims Enquiry Officer, are aware of the fact that a hit and run accident has occurred - However, no efforts are made to ensure that the persons entitled to seek compensation file their claims - An appropriate direction will have to
India Law Library Docid # 1603868

(84) BIRLA CORPORATION LIMITED THROUGH ITS MANAGING DIRECTOR Vs. BHANWAR SINGH AND OTHERS [SUPREME COURT OF INDIA] 12-01-2024
Protection of Chittorgarh Fort - Directions issued - Blasting operations undertaken for limestone extraction resulting in possible damage to the existing structures of the Chittorgarh Fort - Keeping in perspective the continuous exposure of ancient monuments to peak particle velocity (PPV) arising from blasting, a radius of five kilometres from the compound wall of the Fort shall not be subjected to mining by blasting or use of explosives for mining of any minerals - In other words, the manual/m
India Law Library Docid # 1603869

(85) STATE OF HARYANA AND OTHERS Vs. MOHD. YUNUS AND OTHERS [SUPREME COURT OF INDIA] 12-01-2024
Penal Code, 1860 (IPC) - Section 302 - Murder Trial - If a witness is branded as untrustworthy having allegedly twisted the facts and made contrary statement, it is not safe to impose conviction on the basis of statement made by such witness.
India Law Library Docid # 1603870

(86) ASMA LATEEF AND ANOTHER Vs. SHABBIR AHMAD AND OTHERS [SUPREME COURT OF INDIA] 12-01-2024
Civil Procedure Code, 1908 (CPC) - Order 8 Rule 10 - Failure to file written statement - Provision of Rule 10 of Order VIII, CPC is by no means mandatory in the sense that a court has no alternative but to pass a judgment in favour of the plaintiff, if the defendant fails or neglects to file his written statement - If indeed, in a given case, the defendant defaults in filing written statement and the first alternative were the only course to be adopted, it would tantamount to a plaintiff being a
India Law Library Docid # 1603871

(87) SANJAY KUNDU Vs. REGISTRAR GENERAL, HIGH COURT OF HIMACHAL PRADESH AND OTHERS [SUPREME COURT OF INDIA] 12-01-2024
The proceedings before the High Court were initiated on an email from Mr Nishant Kumar Sharma, addressed to the Chief Justice of the High Court through the Registrar General. The complainant alleged in his email, that he was facing threats emanating from two persons - “X”, a former IPS officer and “Y”, a practicing advocate.
India Law Library Docid # 1603883

(88) THE STATE OF HIMACHAL PRADESH AND OTHERS Vs. YOGENDERA MOHAN SENGUPTA AND ANOTHER [SUPREME COURT OF INDIA] 11-01-2024
Himachal Pradesh Town and Country Planning Act, 1977 - Section 18 - Development Plan - Exercise of power for the preparation, finalization and approval of development plan is a power exercised by the delegatee for enacting a subordinate piece of legislation - Provisions as contained in the TCP Act provide for exercise of power by a delegatee to enact a piece of subordinate legislation - When the TCP Act empowers the State Government and the Director to exercise the powers to enact a piece of del
India Law Library Docid # 1603864

(89) CONTAINER CORPORATION OF INDIA LTD. Vs. AJAY KHERA AND OTHERS [SUPREME COURT OF INDIA] 11-01-2024
National Green Tribunal Act, 2010 - Sections 14, 15 and 18(1) - Environment Pollution - Pollution created by Inland Container Depot (ICD) at Tughlakabad - ICD is used by the trucks/trailers not destined for Delhi and is used for delivery/pick up to and from locations outside Delhi - Due to the inflow of a large number of trucks/trailers to the said ICD, the air pollution in Delhi NCR has substantially increased due to the emission from trucks/trailers - After examining recommendation 3.1, the Un
India Law Library Docid # 1603865

(90) DINESH GUPTA Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 11-01-2024
Unscrupulous litigant - Abuse of judicial remedies - A criminal complaint was filed and FIR was registered against appellants despite the commercial nature of dispute - Such ill intended acts of abuse of power and of legal machinery seriously affect the public trust in judicial functioning - Unnecessary turning of a civil matter into a criminal case not only overburdens the criminal justice system but also violates the principles of fairness and right conduct in legal matters - Unscrupulous liti
India Law Library Docid # 1603866

(91) DELHI DEVELOPMENT AUTHORITY Vs. HELLO HOME EDUCATION SOCIETY [SUPREME COURT OF INDIA] 11-01-2024
Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981 - Public Auction - Transfer of land - Whenever the State intends to transfer any land resort should be by public auction or inviting tenders.
India Law Library Docid # 1603867

(92) DR. BALBIR SINGH BHANDARI Vs. THE STATE OF UTTARAKHAND AND OTHERS [SUPREME COURT OF INDIA] 10-01-2024
Service Law - Recovery of personal/promotional pay scale benefits - Benefit of a personal/promotional pay scale was granted to Appellants/Ayurvedic Medical Officers by the State of Uttarakhand - Benefit was withdrawn under a subsequent decision of the State of Uttarakhand - By the order dated 8th November 2006, the personal time-bound pay scale was granted to the appellants, subject to the condition that if the Government takes any decision to the contrary, the amount will be recovered from the
India Law Library Docid # 1603862

(93) ALAGAMMAL AND OTHERS Vs. GANESAN AND ANOTHER [SUPREME COURT OF INDIA] 10-01-2024
Suit for Specific Performance - Agreement to Sale - Readiness and willingness - Even if the case of later payments by the respondents to the appellants is accepted, the same being at great intervals and there being no willingness shown by them to pay the remaining amount or getting the Sale Deed ascribed on necessary stamp paper and giving notice to the appellants to execute the Sale Deed, it cannot be said that in the present case, judged on the anvil of the conduct of parties, especially the a
India Law Library Docid # 1603863

(94) M/S. K.P. MOZIKA Vs. OIL AND NATURAL GAS CORPORATION LTD. AND OTHERS [SUPREME COURT OF INDIA] 09-01-2024
Constitution of India, 1950 - Article 366(29A)(d) - Finance Act, 1994 - Section 65(105)(zzzzj) - Transfer of right to use the goods - In every case where the owner of the goods permits another person to use goods, the transaction need not be of the transfer of the right to use the goods - It can be simply a license to use the goods which may not amount to the transfer of the right to use - Essentially, the transfer of the right to use will involve not only possession, which may be granted at som
India Law Library Docid # 1603861

(95) JAIPUR VIDYUT VITRAN NIGAM LTD. AND OTHERS Vs. MB POWER (MADHYA PRADESH) LIMITED AND OTHERS [SUPREME COURT OF INDIA] 08-01-2024
Constitution of India, 1950 - Article 226 - Writ of Mandamus - Contractual Matters - In any case, the High Court, by the impugned judgment and order, could not have issued a mandamus to the instrumentalities of the State to enter into a contract, which was totally harmful to the public interest - Award of a contract, whether it is by a private party or by a public body or the State, is essentially a commercial transaction - In arriving at a commercial decision, considerations which are paramount
India Law Library Docid # 1603858

(96) BILKIS YAKUB RASOOL Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 08-01-2024
Criminal Procedure Code, 1973 (CrPC) - Sections 432, 433 and 433A - Penal Code, 1860 (IPC) - Sections 143, 147, 302, 376(2)(e) and 376(2)(g) - Bilkis Bano Gang Rape Case - Setting Aside of Remission Orders of 11 Convicts - Charges of Murders and Gang Rapes During 2002 Communal Riots in Gujarat - Application for remission under Section 432 of the CrPC could be only before the Government of the State within whose territorial jurisdiction the applicant was convicted (appropriate Government) and not
India Law Library Docid # 1603860

(97) JITENDRA KUMAR MISHRA @ JITTU Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 05-01-2024
Criminal Procedure Code, 1973 (CrPC) - Section 386 - Interfering with conviction and sentence - Power of Appellate Court - Appellate court should be slow in interfering with the conviction recorded by the courts below but where the evidence on record indicates the prosecution has failed to prove the guilt of the accused beyond reasonable doubt and that a plausible view, different from the one expressed by the courts below can be taken, the appellate court should not shy away in giving the benefi
India Law Library Docid # 1603854

(98) PRADEEP KUMAR Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 05-01-2024
Penal Code, 1860 (IPC) - Section 302 read with Section 34 - Murder - Circumstantial Evidence - While the principle applicable to circumstantial evidence requires that the facts must be consistent with the hypothesis of the guilt of the accused, in the present case the evidence adduced gives rise to doubts, improbabilities and inconsistencies - Conviction and sentence is set-aside - Appeal allowed.
India Law Library Docid # 1603855

(99) GURDEV SINGH BHALLA Vs. STATE OF PUNJAB AND OTHERS [SUPREME COURT OF INDIA] 05-01-2024
Criminal Procedure Code, 1973 (CrPC) - Section 319 - Penal Code, 1860 (IPC) - Sections 406, 409, 420, 457 and 380 - Prevention of Corruption Act, 1988 - Sections 13(1)(d) and 13(2) - Summoning order against police officials - Misappropriating of paddy - Corruption - There appears to be prima facie evidence on record to make it a triable case as against the police officials - Summoning order against police officials is upheld - Appeal dismissed.
India Law Library Docid # 1603859

(100) S.V. SAMUDRAM Vs. STATE OF KARNATAKA AND ANOTHER [SUPREME COURT OF INDIA] 04-01-2024
Arbitration and Conciliation Act, 1996 - Section 34 - Arbitral award - Jurisdiction to modify - Any court under Section 34 would have no jurisdiction to modify the arbitral award.
India Law Library Docid # 1603851