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(961) STATE OF U.P. AND ANR. ETC. Vs. BALESHWAR SINGH AND OTHERS [SUPREME COURT OF INDIA] 09-11-2023
This is an unfortunate litigation which arises out of bifurcation of the State of Uttar Pradesh into the State of Uttaranchal, which was subsequently renamed as Uttarakhand, and the State of Uttar Pradesh, by virtue of the provisions of the U.P. Reorganization Act, 2000. Interestingly, the bifurcation was given effect exactly 23 years back on 9th November, 2000. Today, we have a case of the first respondent - Baleshwar Singh, who was admittedly an employee of the undivided State of Uttar Pradesh
India Law Library Docid # 1603784

(962) SAJEEV Vs. STATE OF KERALA [SUPREME COURT OF INDIA] 09-11-2023
Penal Code, 1860 (IPC) - Sections 302, 307, and 326 read with Section 120B - Abkari Act, 1077 - Section 55(a), 55 (h), 55 (i) and 57(A)(1)(ii) - Deadly conspiracy of liquor poisoning by mixing noxious substances likely to endanger human life - Life imprisonment - A conspiracy resulted in the deaths of 7 innocent individuals, left 11 blinded, and more than 40 others with varying degrees of injuries due to alcohol poisoning - Accused persons hatched a conspiracy to mix methyl alcohol with spirit t
India Law Library Docid # 1603732

(963) MADAN Vs. STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 09-11-2023
Penal Code, 1860 (IPC) - Sections 302 and 149 - Arms Act, 1959 - Section 25 - Murder - Death sentence - Criminal history of the convict by itself cannot be a ground for awarding him death penalty - Past conduct does not necessarily have to be taken into consideration while imposing death penalty - Present case is not a case wherein it can be held that imposition of death penalty is the only alternative - Another reason that weighs with us is that from the evidence of the witnesses, it is clear t
India Law Library Docid # 1603734

(964) THANESAR SINGH SODHI (D) THR. LRS. AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 09-11-2023
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) - Sections 3, 9 and 12A - Detention order - Applicability of Section 9 and Section 12A of COFEPOSA - Order of detention had not been revoked on the report of the Advisory Board or before the receipt of the report of Advisory Board or before making a reference to the Advisory Board - Further, it was an order of detention passed under Section 3 of COFEPOSA - Section 9 and Section 12A of COFEPOSA had no app
India Law Library Docid # 1603735

(965) M/S. RAJASTHAN ART EMPORIUM Vs. KUWAIT AIRWAYS AND ANOTHER [SUPREME COURT OF INDIA] 09-11-2023
Carriage by Air Act, 1972 - Sections 19 and 13(3) - Carrier is liable for damage occasioned by delay in the carriage by air of passengers, luggage or goods - If the carrier admits the loss of the goods, or if the goods have not arrived at the expiration of seven days after the date on which they ought to have arrived, the consignee is entitled to put into force against the carrier the rights which flow from the contract of carriage.
India Law Library Docid # 1603736

(966) UNION OF INDIA AND OTHERS Vs. D.G.O.F. EMPLOYEES ASSOCIATION AND ANOTHER [SUPREME COURT OF INDIA] 09-11-2023
Service Law - Parity in pay scales - Relief cannot be denied to the employees when the entitlement is denied due to irrational consideration without application of mind to the facts involved in the case by the employer, thereby denying the benefits to the employees - It is evident that parity of pay scales vis-a-vis LDCs, UDCs, Assistants/PAs and Stenographers, was maintained even prior to 01.01.1986 under the Third Central Pay Commission recommendations (for the period of 01.01.1973 to 31.03.19
India Law Library Docid # 1603737

(967) MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED Vs. RATNAGIRI GAS AND POWER PRIVATE LIMITED AND OTHERS [SUPREME COURT OF INDIA] 09-11-2023
Interpretation of Contract - A commercial document cannot be interpreted in a manner that is at odds with the original purpose and intendment of the parties to the document - A deviation from the plain terms of the contract is warranted only when it serves business efficacy better.
India Law Library Docid # 1603738

(968) ANKITA THAKUR AND OTHERS Vs. THE H.P. STAFF SELECTION COMMISSION AND OTHERS [SUPREME COURT OF INDIA] 09-11-2023
Service Law - Relaxation - Eligibility qualifications - State had power to relax the eligibility criteria, the same could not have been done mid-stream without giving wide publicity of such change, and opportunity to similarly situated candidates to apply and compete with others - Eligibility criteria / conditions, unless provided otherwise in the extant rules or the advertisement, must be fulfilled by the candidate by the last date for receipt of applications specified in the advertisement - If
India Law Library Docid # 1603739

(969) ASHWINI KUMAR UPADHYAY Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 09-11-2023
Constitution of India, 1950 - Article 32 - Writ Petition - Direction to expeditious disposal of criminal cases against elected members of the Parliament and Legislative Assemblies(i) Learned Chief Justices of the High Courts shall register a suo-motu case with the title, “In Re: designated courts for MPs/MLAs” to monitor early disposal of criminal cases pending against the members of Parliament and Legislative Assemblies - The suo-motu case may be heard by the Special
India Law Library Docid # 1603740

(970) DILIP B JIWRAJKA Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 09-11-2023
Constitution of India, 1950 - Articles 14 and 21 - Insolvency and Bankruptcy Code 2016 - Sections 95 to 100 - Constitutional validity of Sections 95 to 100 of the Insolvency and Bankruptcy Code 2016 is upheld - Provisions of Section 95 to Section 100 of the IBC are not unconstitutional as they do not violate Article 14 and Article 21 of the Constitution - Resolution professional in exercise of their duty under Section 99 may not embark on a roving enquiry into the affairs of the debtor or person
India Law Library Docid # 1603757

(971) BALARAM Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 08-11-2023
This appeal challenges the judgment and order passed by the Division Bench of the High Court of Madhya Pradesh at Jabalpur, Bench Gwalior in Criminal Appeal No.276 of 1995 thereby dismissing the appeal filed by the present appellant as well as Rameshwar (since deceased) and confirming the judgment and order passed by the learned Special Judge and Second Additional Sessions Judge, Bhind passed in Sessions Trial No.70 of 1984. The prosecution story as could be gathered from the material placed on
India Law Library Docid # 1882081

(972) SANJAY BABU LAL Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 08-11-2023
We have perused the trial Court records with reference to the statement of Lt. Col. (Dr.) T.S. Bhatti (PW-11), the statement made by the appellant - Sanjay Babu Lal under Section 313 of the Code of Criminal Procedure, 1973, as also, Exhibits PQ (Medical Case Sheet), PR (Proceedings of Medico-legal case) and PV (Site Plan). We have also perused the photographs, which are marked as Exhibits PC to PE.
India Law Library Docid # 1603733

(973) SANJAY BABU LAL Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 08-11-2023
We have perused the trial Court records with reference to the statement of Lt. Col. (Dr.) T.S. Bhatti (PW-11), the statement made by the appellant - Sanjay Babu Lal under Section 313 of the Code of Criminal Procedure, 1973, as also, Exhibits PQ (Medical Case Sheet), PR (Proceedings of Medico-legal case) and PV (Site Plan). We have also perused the photographs, which are marked as Exhibits PC to PE.
India Law Library Docid # 1603733

(974) RAMAKANT SINGH AND OTHERS Vs. THE STATE OF JHARKHAND AND ANOTHER[SUPREME COURT OF INDIA] 07-11-2023
Criminal Procedure Code, 1973 (CrPC) - Sections 200 and 202 - Protest petition - It was not open for the learned Chief Judicial Magistrate to entertain a protest petition against his earlier order of taking cognizance - There is no power conferred on the learned Judicial Magistrate to modify earlier order of taking cognizance - It is well settled that once protest petition is filed, depending upon the facts of the case, the Court can proceed on the basis of that protest petition and follow the p
India Law Library Docid # 1880978

(975) KAILASH RANI Vs. ASHOK KUMAR[SUPREME COURT OF INDIA] 07-11-2023
Assailing order dtd. 9/2/2021 passed in First Appeal From Order No. 1339 of 2003 by the High Court of Judicature at Allahabad enhancing the amount of compensation from Rs.1,99,800.00┬­ awarded by the Motor Accidents Claims Tribunal to Rs.3,53,500.00┬­, this appeal has been preferred seeking further enhancement. Having heard learned counsel appearing on behalf of the parties and considering the date of accident, the age of the deceased, number of dependants, considering future prospects a
India Law Library Docid # 1883041

(976) MOHAR SINGH (DEAD) THROUGH LRS. AND OTHERS Vs. STATE OF UTTAR PRADESH COLLECTOR AND OTHERS [SUPREME COURT OF INDIA] 07-11-2023
Land Acquisition Act, 1894 - Sections 4(1), 18 and 34 - Compensation - Enhancement of - Delay in filing appeal - Acquisition of land - Inordinate delay in filing appeal in compensatory matters, per se, may not be fatal as the rights and equities between the parties can be well balanced by denying the statutory benefits, such as interest for the delayed period - Delay in filing the first appeal(s) could be condoned subject to the condition that the appellants would not be entitled to enure undue
India Law Library Docid # 1603768

(977) HARIPRASAD @ KISHAN SAHU Vs. STATE OF CHHATTISGARH [SUPREME COURT OF INDIA] 07-11-2023
Penal Code, 1860 (IPC) - Evidence Act, 1972 - Section 32 - Murder by poisoning - Dying declaration - A statement made by a person who is dying is made exception to the rule of hearsay and has been made admissible in evidence under Section 32 of the Evidence Act, it would not be prudent to base conviction, relying upon such dying declaration alone - Conviction and sentence set-aside - Appeal allowed.
India Law Library Docid # 1603718

(978) THANKAMMA BABY Vs. THE REGIONAL PROVIDENT FUND COMMISSIONER, KOCHI, KERALA [SUPREME COURT OF INDIA] 07-11-2023
Employees Provident Fund And Miscellaneous Provisions Act, 1952 - Section 1(3)(B) - Establishments of factories - Clause (a) of sub-Section (3) is applicable only to those factories engaged in any industry specified in Schedule I - Clause (b) of sub-Section (3) is applicable to all other establishments which are not covered by clause (a) of sub-Section (3) provided such establishments are notified by a notification issued by the Central Government which is published in the official Gazette. Clau
India Law Library Docid # 1603724

(979) MOHAR SINGH (DEAD) THROUGH LRS. AND OTHERS Vs. STATE OF UTTAR PRADESH COLLECTOR AND OTHERS [SUPREME COURT OF INDIA] 07-11-2023
Land Acquisition Act, 1894 - Sections 4(1), 18 and 34 - Compensation - Enhancement of - Delay in filing appeal - Acquisition of land - Inordinate delay in filing appeal in compensatory matters, per se, may not be fatal as the rights and equities between the parties can be well balanced by denying the statutory benefits, such as interest for the delayed period - Delay in filing the first appeal(s) could be condoned subject to the condition that the appellants would not be entitled to enure undue
India Law Library Docid # 1603768

(980) HARIPRASAD @ KISHAN SAHU Vs. STATE OF CHHATTISGARH [SUPREME COURT OF INDIA] 07-11-2023
Penal Code, 1860 (IPC) - Evidence Act, 1972 - Section 32 - Murder by poisoning - Dying declaration - A statement made by a person who is dying is made exception to the rule of hearsay and has been made admissible in evidence under Section 32 of the Evidence Act, it would not be prudent to base conviction, relying upon such dying declaration alone - Conviction and sentence set-aside - Appeal allowed.
India Law Library Docid # 1603718