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(901) DIGVIJAYSINH HIMMATSINH JADEJA Vs. THE STATE OF GUJARAT AND OTHERS [SUPREME COURT OF INDIA] 29-11-2023
The examination of the common impugned judgment dated 05.05.2017, passed by the High Court of Gujarat at Ahmedabad in Special Criminal Application (Quashing) No. 4758 of 2015 and Special Criminal Application No.4759 of 2015, allowing and accepting the prayer for quashing of First Information Report[1] No.CR I/2/2015 dated 23.01.2015 registered at Police Station Gandhinagar Zone, District - Gandhinagar, Gujarat, would show that a detailed factual examination and evaluation has been undertaken. We
India Law Library Docid # 1603796

(902) SIVAMANI AND DINESH KUMAR Vs. STATE REPRESENTED BY INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 28-11-2023
Penal Code, 1860 (IPC) - Sections 307, 323 and 324 - Attempt to murder - Intention of the accused can be ascertained from the actual injury, if any, as well as from surrounding circumstances - Among other things, the nature of the weapon used and the severity of the blows inflicted can be considered to infer intent - There is no allegation of repeated or severe blows having been inflicted - Even the injuries on complainant and his mother have been found to be simple in nature, which is an additi
India Law Library Docid # 1603761

(903) VISHNU KUMAR SHUKLA AND ANOTHER Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 28-11-2023
Criminal Procedure Code, 1973 (CrPC) - Sections 482, 378 and 407 - Penal Code, 1860 (IPC) - Sections 448, 454 and 380 - Theft - Discharge application - When coupled with the fact that the police did not find any offences having been made out against the appellants under Sections 454 and 380, IPC, the case against the appellants under Section 448, IPC finds itself on shaky ground - There is no suspicion, much less strong or grave suspicion that the appellants are guilty of the offence alleged - I
India Law Library Docid # 1603762

(904) PAVNESH KUMAR Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 28-11-2023
Service Law - Promotion to Post of Sub-Inspector General Duty (GD) - Medically unfit - Appellant was working as a constable with the Border Security Force (BSF) - Review of decision declaring medically unfit - No doubt appointment to a higher post of an incumbent working on lower post is in the form of an accelerated promotion but it cannot be equated with normal mode of promotion - This is evident from the advertisement itself which in unequivocal terms states that applications are invited for
India Law Library Docid # 1603763

(905) JAIVEER SINGH AND OTHERS Vs. THE STATE OF UTTARAKHAND AND OTHERS RESPONDENT[SUPREME COURT OF INDIA] 28-11-2023
Right of Children to Free and Compulsory Education Act, 2009 - Section 23(1) - Appointment of teachers for Class I to VIII - Government cannot amend or supersede statutory rules by administrative instructions, but if the rules are silent on any particular point, it can fill up the gaps and supplement the rules and issue instructions not inconsistent with the rules already framed - An authority cannot issue orders/office memorandum/executive instructions in contravention of the statutory rules -
India Law Library Docid # 1603764

(906) ABHISHEK SAXENA Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 28-11-2023
Penal Code, 1860 (IPC) – Sections 323, 384, and 406 - The chargesheet filed against appellant did not contain sufficient evidence to establish the ingredients of the alleged offences - Specifically, there was no evidence to support the allegation that he caused hurt to the complainant (his wife) - The allegation of extortion was also unsubstantiated, as there was no evidence that he put the complainant in fear of injury or dishonestly induced her to part with her property - he charge of criminal
India Law Library Docid # 1603846

(907) SIVAMANI AND DINESH KUMAR Vs. STATE REPRESENTED BY INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 28-11-2023
Penal Code, 1860 (IPC) - Sections 307, 323 and 324 - Attempt to murder - Intention of the accused can be ascertained from the actual injury, if any, as well as from surrounding circumstances - Among other things, the nature of the weapon used and the severity of the blows inflicted can be considered to infer intent - There is no allegation of repeated or severe blows having been inflicted - Even the injuries on complainant and his mother have been found to be simple in nature, which is an additi
India Law Library Docid # 1603761

(908) VISHNU KUMAR SHUKLA AND ANOTHER Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 28-11-2023
Criminal Procedure Code, 1973 (CrPC) - Sections 482, 378 and 407 - Penal Code, 1860 (IPC) - Sections 448, 454 and 380 - Theft - Discharge application - When coupled with the fact that the police did not find any offences having been made out against the appellants under Sections 454 and 380, IPC, the case against the appellants under Section 448, IPC finds itself on shaky ground - There is no suspicion, much less strong or grave suspicion that the appellants are guilty of the offence alleged - I
India Law Library Docid # 1603762

(909) PAVNESH KUMAR Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 28-11-2023
Service Law - Promotion to Post of Sub-Inspector General Duty (GD) - Medically unfit - Appellant was working as a constable with the Border Security Force (BSF) - Review of decision declaring medically unfit - No doubt appointment to a higher post of an incumbent working on lower post is in the form of an accelerated promotion but it cannot be equated with normal mode of promotion - This is evident from the advertisement itself which in unequivocal terms states that applications are invited for
India Law Library Docid # 1603763

(910) JAIVEER SINGH AND OTHERS Vs. THE STATE OF UTTARAKHAND AND OTHERS RESPONDENT[SUPREME COURT OF INDIA] 28-11-2023
Right of Children to Free and Compulsory Education Act, 2009 - Section 23(1) - Appointment of teachers for Class I to VIII - Government cannot amend or supersede statutory rules by administrative instructions, but if the rules are silent on any particular point, it can fill up the gaps and supplement the rules and issue instructions not inconsistent with the rules already framed - An authority cannot issue orders/office memorandum/executive instructions in contravention of the statutory rules -
India Law Library Docid # 1603764

(911) ABHISHEK SAXENA Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 28-11-2023
Penal Code, 1860 (IPC) – Sections 323, 384, and 406 - The chargesheet filed against appellant did not contain sufficient evidence to establish the ingredients of the alleged offences - Specifically, there was no evidence to support the allegation that he caused hurt to the complainant (his wife) - The allegation of extortion was also unsubstantiated, as there was no evidence that he put the complainant in fear of injury or dishonestly induced her to part with her property - he charge of criminal
India Law Library Docid # 1603846

(912) NABABUDDIN @ MALLU @ ABHIMANYU Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 24-11-2023
Criminal Procedure Code, 1973 (CrPC) - Section 313 - Narcotic Drug and Psychotropic Substances Act, 1985 (NDPS) - Section 15 - Conviction and sentence - Sustainability of - Non-examination of accused - Possession of 205 kilograms Poppy Straw without any licence or permit - A serious and material illegality committed by the Court as the examination of the appellant- accused was not made under Section 313 of CrPC - It will be unjust to subject the appellant to further examination under Section 313
India Law Library Docid # 1603760

(913) MARIAPPAN Vs. STATE REP. BY INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 24-11-2023
Penal Code, 1860 (IPC) - Sections 302 and 304-I - Alteration of sentence - Act of killing the deceased happened during a fit of anger in the heat of a passionate verbal quarrel and would fall under Exception 4 to Section 300 IPC - Conviction under Section 302 IPC is Converted to Section 304 Part-I - Appeal partly allowed.
India Law Library Docid # 1603783

(914) NEW INDIA ASSURANCE CO. LTD. AND OTHERS Vs. M/S. MUDIT ROADWAYS [SUPREME COURT OF INDIA] 24-11-2023
Customs Act, 1962 - Sections 22 and 23 - Abatement and remission of duty - Privileges enshrined in Sections 22 and 23 of the Customs Act, pertaining to abetment and remission, extend exclusively to those classified as 'importers' of insured goods.
India Law Library Docid # 1603758

(915) SURESH AND OTHERS Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 24-11-2023
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 420 and 120­B - Essential Commodities Act, 1955 - Sections 3 and 7 - Quashing of FIR - Mixing hydrocarbons in different proportions by using mixing machines create a mixture that looks exactly like petrol and diesel - Non-production an expert's report - In the absence of the report, taking the charge sheet as it is, no material is placed on record to show that the liquid in the tanker was neither diesel nor pe
India Law Library Docid # 1603759

(916) NABABUDDIN @ MALLU @ ABHIMANYU Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 24-11-2023
Criminal Procedure Code, 1973 (CrPC) - Section 313 - Narcotic Drug and Psychotropic Substances Act, 1985 (NDPS) - Section 15 - Conviction and sentence - Sustainability of - Non-examination of accused - Possession of 205 kilograms Poppy Straw without any licence or permit - A serious and material illegality committed by the Court as the examination of the appellant- accused was not made under Section 313 of CrPC - It will be unjust to subject the appellant to further examination under Section 313
India Law Library Docid # 1603760

(917) MARIAPPAN Vs. STATE REP. BY INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 24-11-2023
Penal Code, 1860 (IPC) - Sections 302 and 304-I - Alteration of sentence - Act of killing the deceased happened during a fit of anger in the heat of a passionate verbal quarrel and would fall under Exception 4 to Section 300 IPC - Conviction under Section 302 IPC is Converted to Section 304 Part-I - Appeal partly allowed.
India Law Library Docid # 1603783

(918) NEW INDIA ASSURANCE CO. LTD. AND OTHERS Vs. M/S. MUDIT ROADWAYS [SUPREME COURT OF INDIA] 24-11-2023
Customs Act, 1962 - Sections 22 and 23 - Abatement and remission of duty - Privileges enshrined in Sections 22 and 23 of the Customs Act, pertaining to abetment and remission, extend exclusively to those classified as 'importers' of insured goods.
India Law Library Docid # 1603758

(919) SURESH AND OTHERS Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 24-11-2023
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 420 and 120­B - Essential Commodities Act, 1955 - Sections 3 and 7 - Quashing of FIR - Mixing hydrocarbons in different proportions by using mixing machines create a mixture that looks exactly like petrol and diesel - Non-production an expert's report - In the absence of the report, taking the charge sheet as it is, no material is placed on record to show that the liquid in the tanker was neither diesel nor pe
India Law Library Docid # 1603759

(920) PUBLIC INTEREST COMMITTEE FOR SCHEDULING SPECIFIC AREAS AND ANR – PETITIONERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 23-11-2023
The jurisdiction of this Court under Article 32 of the Constitution has been invoked in two petitions. The first of those petitions seeks a direction for the grant of proportional representation for the Scheduled Tribes in the House of the People and in the Legislative Assemblies of West Bengal and Sikkim in terms of the mandate of Articles 330 and 332 of the Constitution.
India Law Library Docid # 1603833