(961) DEV GUPTA Vs. PEC UNIVERSITY OF TECHNOLOGY AND OTHERS [SUPREME COURT OF INDIA] 09-08-2023 Constitution of India, 1950 - Article 14 - Admission in engineering courses - Imposition of a minimum 75% aggregate marks as an eligibility condition (in the qualifying examination) for enabling a candidate to claim admission in engineering courses under the 2% sports quota - Objective of introducing sports quota, however, is not to accommodate academic merit, but something altogether different: promotion of sports in the institution, the university, and ultimately, in the country - Imposition o India Law Library Docid # 1603442
(962) GOVERNMENT OF KERALA AND ANOTHER Vs. JOSEPH AND OTHERS [SUPREME COURT OF INDIA] 09-08-2023 Adverse possession - When the land subject of proceedings wherein adverse possession has been claimed, belongs to the Government, the Court is duty-bound to act with greater seriousness, effectiveness, care and circumspection as it may lead to Destruction of a right/title of the State to immovable property. India Law Library Docid # 1603434
(963) JAIPUR DEVELOPMENT AUTHORITY Vs. STATE OF RAJASTHAN AND OTHERS [SUPREME COURT OF INDIA] 09-08-2023 The challenge in this appeal is to the judgment and order dated 25th April, 2022 passed by the National Green Tribunal. There is a finding recorded by the National Green Tribunal that STP operated by the appellant was non-compliant for a period of 135 days. In the appeal, there is no challenge to the said finding. The challenge is to the quantification of compensation payable by the appellant of Rs.2,00,00,000/- (Rupees two crores) by way of interim measure India Law Library Docid # 1603457
(964) THE STATE OF HARYANA Vs. DARSHAN SINGH AND ANOTHER [SUPREME COURT OF INDIA] 08-08-2023 The impugned order also reveals that the Court took into consideration Sections 174, 82 and 311 IPC. The Court noted Section 174 but went on to hold that the defaulting witness can be punished with simple imprisonment with a term extending up to six months or fine. India Law Library Docid # 1880871
(965) SINDHU JANAK NAGARGOJE Vs. THE STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 08-08-2023 The appeal is directed against the impugned order dated 05.10.2020 passed in Criminal Writ Petition No. 817 of 2020 by the High Court at Bombay, Appellate Side, Bench at Aurangabad, whereby the High Court has dismissed the writ petition filed by the appellant - Sindhu Janak Nagargoje seeking directions to register the offence as per the complaints submitted by the appellant. India Law Library Docid # 1880886
(966) KRISHAN KUMAR AND ANOTHER Vs. THE STATE OF HARYANA [SUPREME COURT OF INDIA] 08-08-2023 The appellants who stand convicted under Section 300 read with Section 34 of the Indian Penal Code, 1860 (for short ‘IPC’) for the murder of one Devinder @ Kala, S/o Sukhbir Singh and sentenced to undergo life imprisonment therefor, under Section 302, IPC and also stand convicted under Section 201, IPC read with Section 34, IPC and sentenced to undergo rigorous imprisonment for two years with default fine, filed the captioned appeals. They were India Law Library Docid # 1603578
(967) ASMA SHAW Vs. THE ISLAMIA COLLEGE OF SCIENCE AND COMMERCE SRINAGAR KASHMIR AND OTHERS [SUPREME COURT OF INDIA] 08-08-2023 Jammu and Kashmir Civil Service Regulations, 1956 - Article 77D - Claim for Pay Protection - Only exception carved out to Article 77D was in respect of a government servant holding a post on adhoc basis or working against leave/suspension or any other shortterm vacancy - Appointment of the appellant with the Academic Staff College was not against a shortterm vacancy - Appellant was not holding the post of Lecturer in Academic Staff College on adhoc basis and was not working against leave/s India Law Library Docid # 1603423
(968) MOHMOOD ALI Vs. STATE OF U.P. AND OTHERS [SUPREME COURT OF INDIA] 08-08-2023 Criminal Procedure Code, 1973 (CrPC) - Section 482 - Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 - Sections 2 and 3 - Quashing of FIR - Gang by spreading terror and creating fear in public have taken unlawful possessions of the land and giving threat of killing - Investigation officer on completion of the investigation filed a final report dated 08.05.2019 - Another final report based on a Supplementary Report was also filed before the Special Judge - Final report w India Law Library Docid # 1603424
(969) A. SREENIVASA REDDY Vs. RAKESH SHARMA AND ANOTHER [SUPREME COURT OF INDIA] 08-08-2023 Criminal Procedure Code, 1973 (CrPC) - Section 197 - Penal Code, 1860 (IPC) - Sections 120-B r/w 420, 468 and 471 - Bank fraud by sanctioning a corporate loan - Whether a Manager of Nationalised Bank can claim benefit of Section 197 of the CrPC - Held, although a person working in a Nationalised Bank is a public servant, yet the provisions of Section 197 of the CrPC would not be attracted at all as Section 197 is attracted only in cases where the public servant is such who is not removable from India Law Library Docid # 1603425
(970) MOHAMMAD WAJID AND ANOTHER Vs. STATE OF U.P. AND OTHERS [SUPREME COURT OF INDIA] 08-08-2023 Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 395, 504, 506 and 323 - Quashing of FIR - Delay in registration of the FIR, by itself, cannot be a ground for quashing of the FIR - However, delay with other attending circumstances emerging from the record of the case rendering the entire case put up by the prosecution inherently improbable, may at times become a good ground to quash the FIR and consequential proceedings - If the FIR, like the one in the case India Law Library Docid # 1603426
(971) MAHMOOD ALI AND OTHERS Vs. STATE OF U.P. AND OTHERS [SUPREME COURT OF INDIA] 08-08-2023 Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 420, 467, 468, 471, 342, 386, 504 and 506 - Quashing of FIR - Cheating - Delay of 14 years in registration of the FIR - In the FIR no specific date or time of the alleged offences has been disclosed - Whenever an accused comes before the Court invoking either the inherent powers under Section 482 of the Code of Criminal Procedure (CrPC) or extraordinary jurisdiction under Article 226 of the Constitution to get India Law Library Docid # 1603427
(972) IQBAL @ BALA AND OTHERS Vs. STATE OF U.P. AND OTHERS [SUPREME COURT OF INDIA] 08-08-2023 Criminal Procedure Code, 1973 (CrPC) - Section 227 - Discharge - Investigation is over and charge sheet is ready to be filed before the competent court - Although the allegations levelled in the FIR do not inspire any confidence more particularly in the absence of any specific date, time, etc. of the alleged offences - In such circumstances, the Trial Court should be allowed to look into the materials which the investigation officer might have collected forming part of the charge sheet - If any India Law Library Docid # 1603428
(973) S.S. COLD STORAGE INDIA PVT. LTD. Vs. NATIONAL INSURANCE COMPANY LIMITED [SUPREME COURT OF INDIA] 08-08-2023 The present appeal, under Section 23 of the Consumer Protection Act, 1986 (for brevity, “CPA” hereafter) registers a challenge to the judgment and order dated 13th September 2011 passed by the National Consumer Disputes Redressal Commission, New Delhi (for brevity, “NCDRC” hereafter), whereby Original Petition No. 80 of 1999 (for brevity, “Complaint” hereafter) filed by the Appellant was dismissed. India Law Library Docid # 1603429
(974) M/S. ISNAR AQUA FARMS Vs. UNITED INDIA INSURANCE CO. LTD. [SUPREME COURT OF INDIA] 08-08-2023 Insurance Law - Utmost good faith must be observed by the contracting parties; that good faith forbids either party from non-disclosure of the facts which the party knows; and that the insured has a duty to disclose and similarly it is the duty of the insurance company to disclose all material facts within their knowledge since the obligation of good faith applies to both equally. This obligation and duty would rest on both parties not only at the inception of the contract of insurance but throu India Law Library Docid # 1603430
(975) HAJI IQBAL @ BALA THROUGH S.P.O.A. Vs. STATE OF U.P. AND OTHERS [SUPREME COURT OF INDIA] 08-08-2023 Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 395, 386, 365, 342 and 506 - Quashing of FIR - Kidnapping, extortion and dacoity - FIR has been lodged after an inordinate delay of 2 years without specifying any date and time of the alleged incident - If the entire case of the prosecution is believed or accepted to be true, none of the ingredients to constitute the offence of dacoity punishable under Section 395 of the IPC is made out - None of the ingredien India Law Library Docid # 1603431
(976) SALIB @ SHALU @ SALIM Vs. STATE OF U.P. AND OTHERS [SUPREME COURT OF INDIA] 08-08-2023 Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Section 506 - Quashing of FIR - Criminal intimidation - Appellant not been named in the FIR as one of the accused persons - There is no allegation worth the name in the entire FIR against the appellant - Further statement of the first informant was recorded under Section 161 of the Code of Criminal Procedure and in the said statement, the name of the appellant herein surfaced - Whenever an accused comes before the Cour India Law Library Docid # 1603432
(977) HAJI IQBAL @ BALA THROUGH S.P.O.A. Vs. STATE OF U.P. AND OTHERS [SUPREME COURT OF INDIA] 08-08-2023 Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 376-D and 506 - Quashing of FIR - Gang Rape - If the FIR does not disclose anything against the appellant-accused and even at the end of the investigation, if nothing incriminating has surfaced against the appellant-accused herein, then the continuation of the criminal proceedings against the appellant-accused herein would be nothing but gross abuse of the process of law - By just naming the appellant-accused India Law Library Docid # 1603433
(978) STATE OF HIMACHAL PRADESH AND ANOTHER Vs. SHEELA DEVI [SUPREME COURT OF INDIA] 07-08-2023 The respondents (or their legal representatives - as is the case in some instances) before this Court were employed on contract basis by the State in its Education and in the Ayurvedic Department. Their services as contractual employees were regularized at different points in time. India Law Library Docid # 1880859
(979) MANIK B Vs. KADAPALA SREYES REDDY AND ANOTHER [SUPREME COURT OF INDIA] 07-08-2023 Though, we have heard learned counsel for the parties at length, we have not gone into the merits of the arguments, inasmuch as any observation made by this Court with regard to the impugned order will adversely affect the rights of the parties at the stage of the trial. India Law Library Docid # 1880870
(980) DINGANGLUNG GANGMEI Vs. MUTUM CHURAMANI MEETEI AND OTHERS [SUPREME COURT OF INDIA] 07-08-2023 Violence and riots in Manipur – Directions – The State of Manipur experienced sectarian violence, leading to loss of lives, injuries, and property damage. The violence included heinous crimes against women - The main issue was the sectarian violence in Manipur, specifically violence against women, and the need for immediate cessation of violence and restoration of public confidence in the justice system - The petitioner argued for the formation of a committee to investigate the violence, ensure India Law Library Docid # 1882501