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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

(901) 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

(902) 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

(903) 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

(904) S K KHAJA Vs. THE STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 23-08-2023
The appellant/accused - S K Khaja has preferred the present appeal challenging the impugned judgment and order dated 07.01.2011 passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Criminal Appeal No. 162 of 1999, whereby the High Court has dismissed the appeal and confirmed the judgment and order of conviction dated 31.03.1999 passed by the 3rd Additional Sessions Judge, Nanded in Sessions Case No. 183 of 1996. The Trial Court had convicted the appellant- accused for the off
India Law Library Docid # 1880873

(905) 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

(906) 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

(907) 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

(908) 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

(909) 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

(910) 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

(911) 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

(912) THANGJAM ARUNKUMAR Vs. YUMKHAM ERABOT SINGH AND OTHERS [SUPREME COURT OF INDIA] 23-08-2023
The short and precise facts necessary for our consideration are as follows. The Appellant is the returned candidate to the XII Manipur Legislative Assembly, having been elected from the 15-Wangkhei Assembly Constituency. The Respondent No.1, the unsuccessful candidate moved Election Petition No. 24 of 2022 alleging violations under Sections 80, 80A, 81, 84 read with
India Law Library Docid # 1603501

(913) STATE OF U.P AND OTHERS Vs. VINAY KUMAR SINGH @ RESPONDENT[SUPREME COURT OF INDIA] 23-08-2023
The State of Uttar Pradesh (in short “the State of U.P.) is in appeal against the orders of the High Court of Judicature at Allahabad (in short, “the High Court”) dated 30.09.2022 and 12.05.2023 passed in Writ C No.37749 of 2019 and Civil Misc. Review Application No.525 of 2022 respectively.
India Law Library Docid # 1603502

(914) ODI JERANG Vs. NABAJYOTI BARUAH AND OTHERS [SUPREME COURT OF INDIA] 22-08-2023
The petitioner is the complainant in a complaint filed under Section 200 of the Code of Criminal Procedure, 1973 (for short "CRPC") alleging offences punishable under Sections 120-B, 406, 420 read with Section 34 of the Indian Penal Code. The learned Magistrate on 2nd May, 2017 issued summons after examining the petitioner under Section 200 of CRPC. Thereafter, the case made progress and evidence of 7 witnesses was recorded before framing of charge.
India Law Library Docid # 1880881

(915) STATE OF WEST BENGAL & OTHERS Vs. MITUL KUMAR JANA [SUPREME COURT OF INDIA] 22-08-2023
Service Law - Appointment to Post of Police Constable - Suppression of information - Where the information regarding pending criminal case is truthfully furnished and on acquittal therein, an employer has the discretion to consider the antecedents while issuing the letter of appointment - Respondent was not involved in heinous/serious offence or any offence involving moral turpitude, and the fact that in the said criminal case he has been honourably acquitted - Direction to appellant for conside
India Law Library Docid # 1603492

(916) CHAIRMAN-CUM-MANAGING DIRECTOR, INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION OF ORISSA, IDCO TOWER, JANAPATH, BHUBANESWAR, DISTRICT KHURDA, ODISHA Vs. LATE SURGEON VICE ADMIRAL GP PANDA THROUGH HIS LEGAL HEIRS AND OTHERS [SUPREME COURT OF INDIA] 22-08-2023
The Appeals arise from the Judgment dated 24.01.2018 in Writ Petition (Civil) No. 9988 of 2006 on the file of High Court of Orissa, Cuttack. The respondents in the Writ Petition are the appellants in S.L.P.(C) No. 14949 of 2018 and S.L.P.(C) No. 20490 of 2018. The D.No.26693 of 2018 is at the instance of the Writ Petitioner. The High Court, through the Judgment dated 24.01.2018, firstly held that the land admeasuring acres 4.800 decimals, leased out to original petitioner Shri GP Panda has been
India Law Library Docid # 1603505

(917) SMT. DULU DEKA Vs. STATE OF ASSAM AND OTHERS [SUPREME COURT OF INDIA] 22-08-2023
The facts of the case as enumerated in the order passed by the High Court are that, on 28.12.1996 an advertisement was issued by the Director of Elementary Education, Assam, for filling up 7,500 posts of Assistant Teachers in M.E./M.V. Schools. The appellant claimed that she applied for the post and appeared for interview in July 1997. The selection list was not published by the Director of Elementary Education, Assam, because the Government of Assam imposed a ban on the appointments. After the
India Law Library Docid # 1603506

(918) M/S S.D. SHINDE TR. PARTNER Vs. GOVT. OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 22-08-2023
Arbitration Act, 1940 - Sections 30 and 33 - Setting aside of award - Scope of jurisdiction of a court, under Section 30/33 of the Act, never extended beyond discerning if the award disclosed an "error apparent on the face of the award" which is an "error of law apparent on the face of the award and not an error of fact - Error of law can be discovered from the award itself or from a document actually incorporated therein."
India Law Library Docid # 1603507

(919) SHRI NASHIK PANCHAVATI PANJARPOL TRUST AND OTHERS Vs. THE CHAIRMAN AND ANOTHER [SUPREME COURT OF INDIA] 22-08-2023
Land Acquisition - Compensation - It cannot be gainsaid that as per the rules of doctrine of harmonious construction, the document has to be read as a whole and in its totality - If there is any ambiguity either patent or latent, in any of the clauses of the document, the courts should interpret such clause in such manner which is consistent with the other clauses and with the purpose and intent of the parties executing it.
India Law Library Docid # 1603508

(920) MINA PUN Vs. STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 22-08-2023
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) - Section 50 - Conviction under section 20(b)(ii)(C) of NDPS - Non informing about accused's right to be searched before a Magistrate or a Gazetted officer is a violation of Section 50 of NDPS Act - Insofar as the obligation of the authorised officer under sub-section (1) of Section 50 of the NDPS Act is concerned, it is mandatory and requires strict compliance - Failure to comply with the provision would render the recovery of the illi
India Law Library Docid # 1603513