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THE BHARATIYA SAKSHYA ADHINIYAM, 2023
THE BHARATIYA NYAYA SANHITA, 2023
THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
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Latest Cases

(841) RELIGARE FINVEST LIMITED Vs. STATE OF NCT OF DELHI AND ANOTHER [SUPREME COURT OF INDIA] 11-09-2023
Penal Code, 1860 (IPC) - Sections 409 and 120B - Quashing of criminal proceedings - Contents of the FIR alleged that Religare Finvest Limited (RFL) had placed four FDs with a combined value of Rs.750 Crores as security for short-term loans - Laxmi Vilas Bank (LVB) extended loans to RHC Holding and Ranchem, utilizing these FDs as security - When RHC Holding and Ranchem defaulted on their loan payments, LVB debited an amount of Rs. 723.71 crores from RFL's current account without obtaining proper
India Law Library Docid # 1603567

(842) LOONKARAN GANDHI (D) THR. LR. Vs. STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 06-09-2023
Land Acquisition - Compensation - If any individual is to be divested or deprived of the said right by the State, it ought not be done without giving compensation in accordance with law for the land so acquired for public purpose - While striking a balance between eminent domain of the State and human/civil rights of an individual, has put an obligation on the State and its authorities to pass an award within a reasonable time.
India Law Library Docid # 1603572

(843) LIFE INSURANCE CORPORATION OF INDIA Vs. DRAVYA FINANCE PVT. LTD. AND OTHERS [SUPREME COURT OF INDIA] 06-09-2023
Insurance Act, 1938 - Sections 38, 38(2), 38(4) and 114A - Life Insurance Corporation Act, 1956 - Sections 6 and 48 - Transfer or assign the policy with or without consideration by an endorsement upon the policy itself or by a separate instrument duly signed by the transferor or by the assignor and attested by one witness - Levy of a service charge or fee - It raises the question of whether an insurance company has the authority to charge a service fee for such transactions and notes that there
India Law Library Docid # 1603541

(844) ROHIT CHAUDHARY AND ANOTHER Vs. M/S VIPUL LTD. [SUPREME COURT OF INDIA] 06-09-2023
Consumer Protection Act, 1986 - Section 2(1)(d) - Interpretation of the word and expression “Commercial Purpose” - The term 'commercial purpose' lacks a specific definition in the Act - Therefore, relying on its ordinary meaning, which signifies a connection to or involvement in commerce, trade, or business with profit as the primary goal - The Explanation, introduced by the Consumer Protection (Amendment) Act of 1993, excludes certain purposes from the scope of 'commercial purpose. -' This expl
India Law Library Docid # 1603542

(845) BALWANTBHAI SOMABHAI BHANDARI Vs. HIRALAL SOMABHAI CONTRACTOR (DECEASED) REP. BY LRS. AND OTHERS [SUPREME COURT OF INDIA] 06-09-2023
Contempt of Courts Act, 1971 - Section 19 - Statutory Appeals under Section 19(1) - Deliberate contempt and wilful disobedience - Apology - Apology is not just a word - The court should not accept the apology when it appears that saying sorry is nothing but a legal trick to wriggle out of responsibility - A true apology must be a deep ethical act of introspection, self-introspection, atonement and self-reform - In its absence, an apology can be termed as farce.
India Law Library Docid # 1603543

(846) BACHHU YADAV Vs. DIRECTORATE OF ENFORCEMENT GOVERNMENT OF INDIA REPRESENTED BY ITS ASSISTANT DIRECTOR (PMLA) AND ANOTHER [SUPREME COURT OF INDIA] 06-09-2023
Prevention of Money Laundering Act, 2002 - Section 4 - Punishment for money laundering - Bail - Appellant is accused of transporting 1844 trucks or vehicles carrying stone chips from June 1, 2022, to June 26, 2022 - During the investigation, it was found that a substantial amount of cash, specifically Rs. 30 lakhs, was deposited into his bank also - As a result, the respondents argue that this money is the proceeds of a criminal activity - Appellant being accused of possessing Rs. 30 lakh in his
India Law Library Docid # 1603544

(847) UNION TERRITORY OF LADAKH AND OTHERS Vs. JAMMU AND KASHMIR NATIONAL CONFERENCE AND ANOTHER [SUPREME COURT OF INDIA] 06-09-2023
Election Law - Election Symbols (Reservation and Allotment) Order, 1968 - Denial or Non-allocation of the Party symbol - General Elections of the Ladakh Autonomous Hill Development Council, Kargil - The allocation of symbols in elections is essential, especially in a country with high illiteracy rates - Symbols help illiterate voters cast their votes for their preferred candidates - Symbols also carry emotional significance, much like a country's flag, and they generate strong feelings of honor
India Law Library Docid # 1603545

(848) R. SREENIVASA Vs. STATE OF KARNATAKA [SUPREME COURT OF INDIA] 06-09-2023
Penal Code, 1860 (IPC) - Sections 201 and 302 - Murder - Principal Sessions Judge initially acquitted the accused of charges under Sections 302 and 201, citing the prosecution's failure to prove the deceased was last seen with the accused or the extra-judicial confession - However, the High Court later reversed this acquittal - The High Court's decision was based on the lack of definitive evidence of the deceased being last seen with the accused, a significant time gap between the alleged last s
India Law Library Docid # 1603546

(849) K. HYMAVATHI Vs. THE STATE OF ANDHRA PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 06-09-2023
Negotiable Instruments Act, 1881 - Sections 138 and 142 - Dishonour of Cheque - The appellant borrowed Rs 20,00,000 for his son's education and household expenses, securing repayment with a promissory note dated July 25, 2012 - The promissory note stipulated full payment by December 2016 - When the condition was not met, a cheque for Rs. 10,00,000 issued on April 28, 2017 bounced due to insufficient funds - The High Court mistakenly considered the cheque time-barred, but upon review, it was foun
India Law Library Docid # 1603549

(850) NHPC LTD. AND OTHERS Vs. STATE OF HIMACHAL PRADESH SECRETARY AND OTHERS [SUPREME COURT OF INDIA] 06-09-2023
Himachal Pradesh Passengers and Goods Taxation Act, 1955 - as amended by the Himachal Pradesh Passengers and Goods (Amendment and Validation), Act, 1997 - Whether the activity of the appellants provision of free transportation for their employees and their children, would be a taxable activity under Section 3(1-A) of the Amendment and Validation Act of 1997 - Held, The Act of 1955, as amended by the Amendment and Validation Act of 1997, is considered valid - The Act imposes a tax on passengers
India Law Library Docid # 1603550

(851) N. RAMKUMAR Vs. THE STATE REP. BY INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 06-09-2023
Tamil Nadu Prohibition of Harassment of Women Act, 1998 - Section 4 - Penal Code, 1860 (IPC) - Sections 294(b), 448, 302 and 304 part II - Harassment of woman - Murder - Alteration of Sentence - The High Court determined that the accused had trespassed into the deceased's house with the intent to commit murder, and this was clearly established - Consequently, the accused went to the deceased's house with the intention to eliminate her, falling under the first category of Section 300 of the India
India Law Library Docid # 1603552

(852) EVA AGRO FEEDS PRIVATE LIMITED Vs. PUNJAB NATIONAL BANK AND ANOTHER [SUPREME COURT OF INDIA] 06-09-2023
Insolvency and Bankruptcy Code, 2016 - Section 5(24) - ‘related party’ - Expression ‘related party’ in relation to a corporate debtor - According to Clause (a) of Section 5(24), a related party in the context of a corporate debtor includes a director or partner of the corporate debtor or a relative of such director or partner - Similarly, under Clause (e) of Section 5(24), a related party with respect to a corporate debtor is defined as a private or public company in which a director, partner, o
India Law Library Docid # 1603553

(853) SMT. ROOPA SONI Vs. KAMALNARAYAN SONI [SUPREME COURT OF INDIA] 06-09-2023
A. Hindu Marriage Act, 1955 - Sections 13(1) and 13(1A) - Grant of Decree of divorce - Denial of - The parties in question have been living apart for fifteen years, and it is acknowledged that their marriage is no longer viable - The relationship has effectively ended, although a formal divorce decree has not been obtained - Both the Trial Court and the High Court have taken an overly strict and overly concerned approach in denying the divorce decree - It is important to note that the respondent
India Law Library Docid # 1603555

(854) RAJNISH KUMAR RAI Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 06-09-2023
Transfer of CAT Proceeding - Territorial Jurisdiction - Plea was not accepted by the High Court relying on a judgment of this Court in the case of Union of India vs. Alapan Bandyopadhyay (2022) 3 SCC 133 - High Court relied on the following passage from the case of Alapan Bandyopadhyay Case in dismissing the writ petition, holding that it lacked territorial jurisdiction to entertain that petition - Learned counsel appearing for the petitioner has brought to our notice a coordinate Bench decision
India Law Library Docid # 1603611

(855) THE STATE OF PUNJAB AND OTHERS Vs. JASWANT SINGH [SUPREME COURT OF INDIA] 05-09-2023
Punjab Police Rules, 1934 - Rule 12.21 and 16.24 - Discharge of Inefficients - Case involving the discharge of a constable from the Punjab Police force - The constable, 'J', was discharged during his probation period due to prolonged absence without any intimation - 'J' challenged the discharge order in court and the trial court held that it was illegal as it violated principles of natural justice - The first appellate court dismissed the state's appeal and allowed 'J' appeal, granting him all s
India Law Library Docid # 1603538

(856) LAL BAHADUR SHASTRI EDUCATIONAL SOCIETY AND ANOTHER Vs. DELHI DEVELOPMENT AUTHORITY AND OTHERS [SUPREME COURT OF INDIA] 05-09-2023
Delhi Development Act, 1957 - Section 57 - Claim for interest - Fixation of rates to be applied for use conversion, mixed land use and other charges for enhanced FAR arising out of MPD 2021 - The appeals revolve around the claim for interest on the refund of an amount deposited by charitable institutions with the Delhi Development Authority (DDA) for construction based on additional FAR (Floor Area Ratio) - The High Court accepted the appellants' suggestion to deposit the disputed amount to proc
India Law Library Docid # 1603539

(857) PACL Vs. CENTRAL BUREAU OF INVESTIGATION [SUPREME COURT OF INDIA] 05-09-2023
Penal Code, 1860 - 120B, 409, 411, 420, 467, 468, 471 and 474 - Prize Chits and Money Circulation Scheme (Banning) Act, 1978 - Sections 4, 5, and 6 - Interlocutory applications filed by accused individuals seeking bail in a case involving offenses under various sections of the IPC and the Prize Chits and Money Circulation Scheme (Banning) Act - The case was registered by the Central Bureau of Investigation - The accused, who were directors at the relevant time, have allegedly siphoned off an amo
India Law Library Docid # 1603533

(858) UNION OF INDIA AND OTHERS Vs. JOGESHWAR SWAIN [SUPREME COURT OF INDIA] 05-09-2023
Border Security Force Rules, 1969 - Rules 49(3) and 142(2) - Dismissal form Service - Plea of Guilty - BSF Constable taking photographs of a lady doctor while she was taking a bath - A plain reading of sub-rule (2) of Rule 142 would indicate that on the accused pleading guilty, before a finding of "Guilty" is recorded, the Summary Security Force Court (SSFC) is not only required to ascertain whether the accused understands the nature and meaning of the charge to which he has pleaded guilty but i
India Law Library Docid # 1603534

(859) HARILAL ETC. Vs. STATE OF MADHYA PRADESH (NOW CHHATTISGARH) [SUPREME COURT OF INDIA] 05-09-2023
Penal Code, 1860 (IPC) - Section 302 - Murder - Acquittal - The prosecution's case relied on witness testimonies, including two eyewitnesses (PW-2 and PW-6) and the discovery of a lathi (a type of stick) and clothes allegedly used in the crime - However, raises doubts about the reliability of the evidence, including discrepancies in witness statements, the delayed filing of the FIR, and the lack of a clear motive for the murder - Consequently, the appeals are allowed,
India Law Library Docid # 1603535

(860) MAKKELLA NAGAIAH Vs. THE STATE OF ANDHRA PRADESH [SUPREME COURT OF INDIA] 05-09-2023
Juvenile Justice (Care and Protection of Children) Act, 2000 - Section 16 read with Section 15(1)(g) - A juvenile can be detained for a maximum period of three years - Direction issued to release of juvenile, who has undergone much more than the maximum statutory punishment.
India Law Library Docid # 1603536