(81) ILAVARASAN Vs. THE SUPERINTENDENT OF POLICE AND OTHERS [SUPREME COURT OF INDIA] 28-08-2023 This Court had by its order dated 04.08.2023 directed that the concerned District Legal Services Authority to facilitate recording the statement of the alleged victim, Mathithra. Pursuant to the directions, the concerned Legal Services Authority and the District Judge, Ramanathapuram facilitated the process. The report furnished by the Secretary, District Legal Services Authority, Ramanathapuram, Tamil Nadu was forwarded by the District Judge India Law Library Docid # 1603548
(82) VIJAYA BHIKU KADAM Vs. MAYANI BHAG SHIKSHAN PRASARAK MANDAL AND OTHERS [SUPREME COURT OF INDIA] 28-08-2023 Constitution of India, 1950 - Article 142 - Service Law - Appellant continues to work as a lecturer in English on a half time basis - Therefore, for doing substantial justice, this is a fit case to invoke power under Article 142 of the Constitution of India for continuing her appointment on full time basis - Direction issued to State Government to release grant-inaid for paying salary. India Law Library Docid # 1603512
(83) M. SIVADASAN (DEAD) THROUGH LRS. AND OTHERS Vs. A. SOUDAMINI (DEAD) THROUGH LRS. AND OTHERS [SUPREME COURT OF INDIA] 28-08-2023 Hindu Succession Act 1956 - Section 14 - Hindu Female - Right to Property - Essential ingredient of Section 14 subsection (1) is possession over the property - Possession being a prerequisite to sustain a claim under subsection (1) of Section 14 of the 1956 Act - Admittedly the plaintiff was never in possession of the property - Appeal dismissed. India Law Library Docid # 1603516
(84) DR. PRAKASAN M.P. AND OTHERS Vs. STATE OF KERALA AND ANOTHER [SUPREME COURT OF INDIA] 25-08-2023 Service Law - Retired Employees - Increase/Enhancement of Retirement age - Retired Employees cannot claim a vested right to apply the extended age of retirement to them retrospectively and assume that by virtue of the enhancement in age ordered by the State at a later date, they would be entitled to all the benefits including the monetary benefits flowing from G.O. dated 9th April, 2012, on the ground of legitimate expectation - It is well-settled that the age of retirement is purely a policy ma India Law Library Docid # 1603510
(85) RAJO @ RAJWA @ RAJENDRA MANDAL Vs. THE STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 25-08-2023 Criminal Procedure Code, 1973 (CrPC) - Section 432 - Remission of sentence - Overemphasis on the presiding judge's opinion and complete disregard of comments of other authorities, while arriving at its conclusion, would render the appropriate government's decision on a remission application, unsustainable - Discretion that the executive is empowered with in executing a sentence, would be denuded of its content, if the presiding judge's view – which is formed in all likelihood, largely (if not so India Law Library Docid # 1603511
(86) CENTRAL BUREAU OF INVESTIGATION AND OTHERS Vs. NAROTTAM DHAKAD AND ANOTHER [SUPREME COURT OF INDIA] 25-08-2023 Criminal Procedure Code, 1973 (CrPC) - Sections 173 and 272 - Filing of charge sheet in language of Court - There is no specific provision in CrPC which requires the investigating agency/officer to file charge sheet in the language of the Court determined in accordance with Section 272 of CrPC - Even if such a requirement is read into Section 173, per se, the proceedings will not be vitiated if the report is not in the language of the Court - In a given case, if something which CrPC specifically India Law Library Docid # 1603509
(87) STATE OF PUNJAB AND ANOTHER Vs. M/S. SHIKHA TRADING COMPANY [SUPREME COURT OF INDIA] 25-08-2023 Adverse remarks against public officials - What is required of the court prior to finding it fit to pass adverse remarks - Held, remarks adverse in nature, should not be passed in ordinary circumstances, or unless absolutely necessary which is further qualified by, being necessary for proper adjudication of the case at hand - Remarks by a court should at all times be governed by the principles of justice, fair play and restraint - Words employed should reflect sobriety, moderation and reserve - India Law Library Docid # 1603515
(88) MUKESH SINGH Vs. THE STATE (NCT OF DELHI) [SUPREME COURT OF INDIA] 24-08-2023 Criminal Procedure Code, 1973 (CrPC) - Section 54A - Penal Code, 1860 (IPC) - Sections 302, 392, 394 and 397 read with Section 34 - Robbery and Murder - Test Identification Parade (TIP) - An accused is under an obligation to stand for identification parade - An accused cannot resist subjecting himself to the TIP on the ground that he cannot be forced or coerced for the same - Conduct of Test Identification Parade not violates the fundamental right of an accused under Article 20(3) of the Constit India Law Library Docid # 1603496
(89) XXX Vs. UNION TERRITORY OF ANDAMAN AND NICOBAR ISLANDS AND ANOTHER [SUPREME COURT OF INDIA] 24-08-2023 Criminal Procedure Code, 1973 (CrPC) - Section 439 - Penal Code, 1860 (IPC) - Sections 376(D), 228A, 506 and 120B - Cancellation of bail - Gang-rape - High Court held that the present case being a first case in the life of the Appellant and he being not a history-sheeter, there is no likelihood of the offence being repeated by him - Petitioner being a officer of the PSU Bank and the same being still in service there is also no chance of his absconding - Not finding of material to satisfy that re India Law Library Docid # 1603497
(90) M/S HINDUSTAN CONSTRUCTION COMPANY LIMITED Vs. M/S NATIONAL HIGHWAYS AUTHORITY OF INDIA [SUPREME COURT OF INDIA] 24-08-2023 Arbitration and Conciliation Act, 1996 - Section 34 - Majority award - A dissenting opinion cannot be treated as an award if the majority award is set aside - When a majority award is challenged by the aggrieved party, the focus of the court and the aggrieved party is to point out the errors or illegalities in the majority award - Minority award (or dissenting opinion, as the learned authors point out) only embodies the views of the arbitrator disagreeing with the majority - There is no occasion India Law Library Docid # 1603498
(91) STATE BANK OF INDIA Vs. A.G.D. REDDY [SUPREME COURT OF INDIA] 24-08-2023 Service Law - Scope of Judicial Review - Departmental enquiry proceedings - Scope of judicial review against a departmental enquiry proceeding is very limited - It is not in the nature of an appeal and a review on merits of the decision is not permissible - Scope of the enquiry is to examine whether the decision-making process is legitimate and to ensure that the findings are not bereft of any evidence - If the records reveal that the findings are based on some evidence, it is not the function o India Law Library Docid # 1603499
(92) SMT. VED KUMARI (DEAD THROUGH HER LEGAL REPRESENTATIVE) DR. VIJAY AGARWAL Vs. MUNICIPAL CORPORATION OF DELHI THROUGH ITS COMMISSIONER [SUPREME COURT OF INDIA] 24-08-2023 Civil Procedure Code, 1908 (CPC) - Order 21 Rules 97 to 101 - Execution of decree - Executing Court could not have dismissed the execution petition by treating the decree to be inexecutable merely on the basis that the decree-holder has lost possession to a third party or encroacher India Law Library Docid # 1603500
(93) RAM MANOHAR SINGH Vs. THE STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 24-08-2023 Penal Code, 1860 (IPC) - Section 302 - Murder by Gunshot - Once the Court believes the testimony of the eye-witnesses, the failure to recover the gun used by the accused, is not at all significant - Conviction and sentence upheld - Appeal dismissed. India Law Library Docid # 1603521
(94) M/S OM GURUSAI CONSTRUCTION COMPANY Vs. M/S V.N. REDDY & OTHERS [SUPREME COURT OF INDIA] 23-08-2023 Constitution of India, 1950 - Article 226 - Writ Petition - Tender - Owner or the employer of a project, having authored the tender documents, is the best person to understand and appreciate its requirements and interpret its documents - Tendering authority has awarded the work, after satisfying itself, about the necessary compliances - High Court has also not found it fit to pronounce on these aspects - Hence, on this ground also, the work order cannot be set aside - Appeal dismissed. India Law Library Docid # 1603489
(95) BHAGWAN SINGH AND OTHERS Vs. DILIP KUMAR @ DEEPU @ DEPAK AND ANOTHER [SUPREME COURT OF INDIA] 23-08-2023 Criminal Procedure Code, 1973 (CrPC) - Section 439 - Penal Code, 1860 (IPC) - Sections 376D, 384 and 506 - Protection of Children from Sexual Offences Act, 2012 - Section 5 - Cancellation of bail - Gang-rape of a 15-year-old girl, threat of making video of rape recorded viral and extortion - Accused is the son of sitting MLA would disclose the domineering influence he would wield not only in delaying the proceedings but also in pressurizing the witnesses to either resile from their statement giv India Law Library Docid # 1603490
(96) IRFAN @ NAKA Vs. THE STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 23-08-2023 Penal Code, 1860 (IPC) - Sections 302, 436 and 326-A - Murder of son and two brothers - Dying declaration - Death penalty - Acquittal - Accused-appellant who set his own son and two real brothers on fire, while they were sleeping on account of personal animosity - Court should always be on guard to see that the statement of the deceased was not a result of tutoring or prompting or a product of imagination - Thus, dying declaration while carrying a presumption of being true must be wholly reliabl India Law Library Docid # 1603491
(97) SMT. DARIYAO KANWAR & OTHERS Vs. M/S UNITED INDIA INSURANCE CO. LTD. & ANOTHER [SUPREME COURT OF INDIA] 23-08-2023 Employees Compensation Act, 1923 - Compensation - Driver died in untoward mishap - Even if the death had not occurred on account of any accident but the driver was consistently driving the vehicle, there is every reason to assume that long spells of driving was a material contributory factor, if not the sole cause that accelerated his unexpected death at a young age - Such an untoward mishap can reasonably be described as an accident, only attributable to the nature of employment - Compensation India Law Library Docid # 1603493
(98) BESCO LIMITED Vs. STATE OF HARYANA & OTHERS [SUPREME COURT OF INDIA] 23-08-2023 Acquisition of land - Compensation - Determination of market value - Belting of area for valuation would be incorrect - Land under acquisition cannot be completely treated as agricultural land, and at the same time, the land cannot also be treated as forming part of a developed or approved layout - Land has been in the hands of the landowners for industrial use, and therefore, the applicable deduction to the cases on hand could be 33 per cent - Incremental value of land from admitted or proved e India Law Library Docid # 1603494
(99) RIYA BAWRI ETC. Vs. MARK ALEXANDER DAVIDSON & OTHERS [SUPREME COURT OF INDIA] 23-08-2023 Criminal Procedure Code, 1973 (CrPC) - Section 482 - Negotiable Instruments Act, 1881 (NI) - Section 138 - Dishonor of cheque - Complaint against partner of a firm - It is well settled that the final judgment of the trial Court will depend on the evidence adduced before it - As there are specific allegations against the respondent in the complaint and he was admittedly a partner in the partnership firm when the rent deed was executed, he is liable to face prosecution - Powers under Section 482 o India Law Library Docid # 1603495
(100) PRADEEP RAMESHWAR SHARMA Vs. NATIONAL INVESTIGATING AGENCY AND ANOTHER [SUPREME COURT OF INDIA] 23-08-2023 The appellant is Accused No.10 in connection with NIA RC 01/2021/NIA/MUM (NIA Special Case No.1090/2021) registered for the alleged offences punishable under Sections 120B, 201, 302, 364 and 403 of the Indian Penal Code (‘IPC’ for short), Section 25 of the Arms Act and Sections 16, 18 and 20 of the Unlawful Activities (Prevention) Act, 2004 (‘UAPA’ for short). In respect of the said proceedings the appellant who was arrested on 17.06.2021 had filed an application under Section 439 of CrPC before India Law Library Docid # 1603540