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(921) STATE OF HIMACHAL PRADESH AND OTHERS Vs. CHANDERVIR SINGH NEGI [SUPREME COURT OF INDIA] 24-02-2023
Limitation Act, 1963 - Articles 58 and 72 - Suit for declaration - Limitation - From the deposition of the plaintiff witnesses it can be seen that the plaintiff and other witnesses specifically admitted that the land in question on the land of the plaintiff was constructed in the year 1987 - Plaintiff witnesses have also admitted that the retaining wall was constructed on the land of the plaintiff in the year 1987 - Even according to the plaintiff and his witnesses the fruit trees were damaged/d
India Law Library Docid # 1602749

(922) RAMJI LAL BAIRWA AND OTHERS Vs. RAJASTHAN HIGH COURT AND OTHERS [SUPREME COURT OF INDIA] 24-02-2023
We do not find any good ground and reason to entertain the present writ petition as a public interest litigation under Article 32 of the Constitution of India and hence, the writ petition is dismissed.
India Law Library Docid # 1602869

(923) THIRU K. PALANISWAMY Vs. M. SHANMUGAM AND OTHERS [SUPREME COURT OF INDIA] 23-02-2023
Election - All India Anna Dravida Munnetra Kazhagam (AIADMK) Rift Case - Election of Edappadi K Palaniswami as interim General Secretary of the All India Anna Dravida Munnetra Kazhagam (AIADMK) Order is upheld - Ordinarily the Court would not interfere in the internal issues of an association/party and would leave it open to the association/party and its members to take a particular decision for better administration; and that had been the correct approach towards the facts of the case. In the p
India Law Library Docid # 1602742

(924) C. YAMINI AND OTHERS Vs. THE HIGH COURT FOR THE STATE OF ANDHRA PRADESH AT AMRAVATHI AND ANOTHER [SUPREME COURT OF INDIA] 23-02-2023
Andhra Pradesh State Higher Judicial Service Special Rules for Adhoc Appointments, 2001 - Constitution of India, 1950 - Article 217(2)(a) - This Court ruled that the service as ad-hoc judges cannot be taken into account for the purposes of Article 217(2)(a) of the Constitution, which specifies the qualifications required for appointment as a judge of a high court. The Court stated that the requirement of a minimum of ten years of continuous practice as an advocate or a minimum of ten years of c
India Law Library Docid # 1602743

(925) OFFICE OF THE ODISHA LOKAYUKTA Vs. DR. PRADEEP KUMAR PANIGRAHI AND OTHERS [SUPREME COURT OF INDIA] 23-02-2023
Odisha Lokayukta Act, 2014 - Section 20(1) - Provisions relating to complaints and preliminary inquiry and investigation - Serious allegations corruption against Member of the Odisha Legislative Assembly - Preliminary inquiry - High Court has committed a manifest error in passing of the order impugned dated 3rd February, 2021 while setting aside the order of the appellant dated 11th December, 2020 to conduct a preliminary inquiry against respondent no.1 in exercise of powers under Section 20(1)
India Law Library Docid # 1602744

(926) PAWAN KHERA Vs. THE STATE OF ASSAM AND ANOTHER [SUPREME COURT OF INDIA] 23-02-2023
Penal Code, 1860 (IPC) - Sections 153A, 500, 504 and 505(2) - Extension of regular bail - Petition confined to the issue as to whether the FIRs should be clubbed in one and the same jurisdiction - This Court noticed the submission which has been urged by senior counsel appearing on behalf of the petitioner that the words taken at their face value as reflected in the FIRs do not establish an offence punishable under the provisions which have been invoked in the FIRs - Issue notice on the prayer o
India Law Library Docid # 1602745

(927) SIDDARUDA Vs. STATE OF KARNATAKA [SUPREME COURT OF INDIA] 22-02-2023
The appeal challenges the judgment and order dtd. 18/11/2017 passed by the learned single Judge of the High Court of Karnataka at Bengaluru vide which the learned Judge has altered the conviction under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (POSCO Act) to conviction under Sec. 376 of the Indian Penal Code (IPC).
India Law Library Docid # 1866880

(928) SIDDARUDA @ KARNA Vs. THE STATE OF KARNATAKA [SUPREME COURT OF INDIA] 22-02-2023
The appeal challenges the judgment and order dated 18.11.2017 passed by the learned single Judge of the High Court of Karnataka at Bengaluru vide which the learned Judge has altered the conviction under Section 6 of the Protection of Children from Sexual Offences Act, 2012 ('POSCO Act") to conviction under Section 376 of the Indian Penal Code ('IPC').
India Law Library Docid # 1869203

(929) VAIBHAV YADAV Vs. THE STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 22-02-2023
Though the learned counsel for the respondent-State contends that keeping in view the nature of the offence alleged against the petitioner, he is not entitled to the benefit of interim bail, in any event, there is no serious contention that the petitioner has not participated in the process of investigation as and when the petitioner was required to attend the process. Be that as it may, notwithstanding the continuation of the interim protection granted to the petitioner, the petitioner is requi
India Law Library Docid # 1873558

(930) VAHITHA Vs. STATE OF TAMIL NADU [SUPREME COURT OF INDIA] 22-02-2023
Penal Code, 1860 - Section 302 - Evidence Act, 1872 - Section 106 - Murder of her five-year-old child - If the accused does not offer an explanation under Section 106 and there is corroborative evidence establishing a chain of circumstances leading to the conclusion of guilt, the accused could be convicted on that basis - If the accused had a different intention, the facts are specially within his knowledge which he must prove; and if, in a case based on circumstantial evidence, the accused evad
India Law Library Docid # 1602740

(931) UNION OF INDIA Vs. INDIAN NAVY CIVILIAN DESIGN OFFICERS ASSOCIATION AND ANOTHER [SUPREME COURT OF INDIA] 22-02-2023
Service Law - Equal Pay for Equal Work - Though the doctrine "equal pay for equal work" is not an abstract doctrine and is capable of being enforced in a Court of Law, the equal pay must be for equal work of equal value - Equation of posts and determination of pay scales is the primary function of the Executive and not of the Judiciary - Courts therefore should not enter upon the task of job evaluation which is generally left to the expert bodies like the Pay Commissions which undertake rigorous
India Law Library Docid # 1602741

(932) NEELAM PANDEY AND ANOTHER Vs. RAHUL SHUKLA AND OTHERS [SUPREME COURT OF INDIA] 22-02-2023
Criminal Procedure Code, 1973 (CrPC) - Section 406 - Transfer of criminal case - Transfer of a criminal case from one State to another implicitly reflect upon the credibility of not only the State judiciary but also of the prosecution agency - Transfer petition dismissed.
India Law Library Docid # 1602867

(933) DR. BALRAM SINGH Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 22-02-2023
Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 - Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 - Abolish Dry Latrines - Having regard to the claim in these proceedings and also being of the opinion that the petitioner has sought directions in public interest, this Court deems it appropriate to issue the following directions; in the light of the judgment of this Court and to consider the steps taken towards enforcement
India Law Library Docid # 1602868

(934) JAGDISH ETC. Vs. THE STATE OF RAJASTHAN [SUPREME COURT OF INDIA] 22-02-2023
Penal Code, 1860 (IPC) - Section 397 and 34 - Robbery - Acquittal - It is not the case that the vehicle key was missing, or the recovered key was matched with the vehicle - In the absence of evidence, conviction under Section 397 of the IPC, and that too with the aid to Section 34 of the IPC, is not warranted and is contrary to law - Appellant "B" conviction is set aside and he is acquitted.
India Law Library Docid # 1602746

(935) IRFAN KHAN @ IRFAN SHAIKH Vs. THE STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 22-02-2023
Penal Code, 1860 (IPC) - Sections 120B, 121A, 123, 153A, 153A, 153B, 295A, 298 and 417 - Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance (Act), 2021 - Sections 3, 5 and 8 - Bail - Allegation against the appellant is that he was an interpreter in the conversion process of persons suffering from hearing and speech impairment, and according to the prosecution such conversion is prohibited under the law - Appellant is in custody for One year and Seven months - Trial has commen
India Law Library Docid # 1602875

(936) UDDHAV THACKERAY Vs. EKNATHRAO SAMBHAJI SHINDE AND ANOTHER [SUPREME COURT OF INDIA] 22-02-2023
Mr Neeraj Kishan Kaul, Mr Mahesh Jethmalani and Mr Maninder Singh, senior counsel appearing with Mr Siddharth Bhatnagar and Ms Malvika Trivedi, senior counsel accept notice on behalf of the first respondent and waive service.
India Law Library Docid # 1602876

(937) JUHRU AND OTHERS Vs. KARIM AND ANOTHER [SUPREME COURT OF INDIA] 21-02-2023
Criminal Procedure Code, 1973 (CrPC) - Section 319 - Power of summoning under Section 319 Cr.P.C. is not to be exercised routinely and the existence of more than a prima facie case is sine quo non to summon an additional accused - To prevent the frequent misuse of power to summon additional accused under Section 319 Cr.P.C., and in conformity with the binding judicial dictums referred to above, the procedural safeguard can be that ordinarily the summoning of a person at the very threshold of th
India Law Library Docid # 1602739

(938) P Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 21-02-2023
Termination of pregnancy of unmarried young student - She has communicated both through her counsel and through the Additional Solicitor General, who had personally interacted and counselled her on the request of the Court, that she does not desire to retain the custody of the child after delivery. In this backdrop, it had become necessary to seek prospective adoptive parents with the utmost priority and urgency before the delivery - It needs to be noted, at this stage, that the petition was ori
India Law Library Docid # 1602879

(939) PARAMVIR SINGH SAINI Vs. BALJIT SINGH AND OTHERS [SUPREME COURT OF INDIA] 21-02-2023
Installation of CCTV cameras in police station as well as the offices of agencies - It would be appropriate that the Union of India as well as all the States/Union Territories shall file an affidavit stating therein the present status with regard to the compliance of the directions issued by this Court - The affidavit shall be submitted on or prior to 29.03.2023 - In the event the directions, as issued by this Court, are not complied with by the Union of India and the respective State Government
India Law Library Docid # 1602873

(940) SANWARLAL AGRAWAL AND OTHERS Vs. ASHOK KUMAR KOTHARI AND OTHERS [SUPREME COURT OF INDIA] 21-02-2023
Civil Law - Execution of decree - A Court executing a decree cannot go behind the decree: it must take the decree as it stands, for the decree is binding and conclusive between the parties to the suit.
India Law Library Docid # 1602736