(981) KAMAL Vs. STATE (NCT OF DELHI) [SUPREME COURT OF INDIA] 07-08-2023 Penal Code, 1860 (IPC) - Section 302 read with Section 34 - Murder - Circumstantial evidence - Acquittal - However strong a suspicion may be, it cannot take place of a proof beyond reasonable doubt - Circumstances from which the conclusion of guilt is to be drawn should be fully established - Circumstances concerned "must or should" and not "may be" established - There is not only a grammatical but a legal distinction between “may be proved” and “must be or should be proved” - Facts so establish India Law Library Docid # 1603421
(982) V. SENTHIL BALAJI Vs. THE STATE REPRESENTED BY DEPUTY DIRECTOR AND OTHERS [SUPREME COURT OF INDIA] 07-08-2023 Criminal Procedure Code, 1973 (CrPC) - Section 41A - Prevention of Money Laundering Act, 2002 - Sections 19 and 65 - Notice of appearance before police officer - Money Laundering - Section 41A of the CrPC, 1973 has got no application to an arrest made under the Prevention of Money Laundering Act, 2002 - An arrest shall only be made after due compliance of the relevant provisions including Section 19 of the PMLA, 2002 - Therefore, there is absolutely no need to follow and adopt Section 41A of the India Law Library Docid # 1603422
(983) BISHNUPRIYA PANDA Vs. BASANTI MANJARI MOHANTY [SUPREME COURT OF INDIA] 04-08-2023 Leave granted. Heard the learned counsel for the appellant and perused the appeal papers. Respondents, though served, have not entered appearance and have their say in the appeal. In respect of the accident which had occurred on 27/7/2013, the Motor Accidents Claims Tribunal (for short MACT) through its award dtd. 6/7/2019, had awarded a sum of Rs.68,74,000.00 with interest at 7% per annum as compensation. Before the High Court, the appeals filed by both the appellant as also by the respondent-I India Law Library Docid # 1880156
(984) COMMITTEE OF MANAGEMENT ANJUMAN INTEZAMIA MASAJID, VARANASI Vs. RAKHI SINGH AND OTHERS [SUPREME COURT OF INDIA] 04-08-2023 Civil Procedure Code, 1908 –Section 75(c) and Order 26 Rule 10A - Commission for scientific investigation – The case involves a dispute over the Gyanvapi Mosque area. Plaintiffs seek to perform rituals at deities allegedly present within the mosque premises - The main issue is the High Court's dismissal of an appeal against the District Judge's order for an archaeological survey of the mosque area - The petitioner contends that the survey is barred by the Places of Worship Act and challenges the India Law Library Docid # 1882500
(985) RAHUL GANDHI Vs. PURNESH ISHWARBHAI MODI AND ANOTHER [SUPREME COURT OF INDIA] 04-08-2023 Penal Code, 1860 (IPC) - Section 499 - Representation of the People Act, 1950 - Section 8(3) - Defamation - Modi Surname Remark - Effect of incurring disqualification as Member of Parliament (MP) - Stay of Conviction - An offence punishable under Section 499 of IPC the maximum sentence is simple imprisonment for two years or fine or both - When an offence is non-cognizable, bailable and compoundable, the least that the Trial Judge was expected to do was to give some reasons as to why, in the fac India Law Library Docid # 1603419
(986) KETAN KANTILAL SETH Vs. THE STATE OF GUJARAT AND OTHERS [SUPREME COURT OF INDIA] 04-08-2023 Supreme Court Rules, 2013 - Order 12 Rule 3 - Alternation/Addition of Order - Power of Supreme Court - Any alternation or addition to a judgment pronounced by Court can be made only to correct a clerical or arithmetical mistake or an error arising out of an accidental slip or omission. India Law Library Docid # 1603420
(987) ASHOK SHEWAKRAMANI AND OTHERS Vs. STATE OF ANDHRA PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 03-08-2023 By the impugned Judgment, the High Court has dismissed a petition filed by the appellants under Section d 482 of the Code of Criminal Procedure, 1973 (for short, the Code) for quashing the complaint. By the impugned Judgment, several petitions under Section 482 of the Code were decided arising out of different complaints filed by the same complainant. India Law Library Docid # 1877784
(988) STATE OF KARNATAKA LOKAYUKTA POLICE Vs. S. SUBBEGOWDA [SUPREME COURT OF INDIA] 03-08-2023 Prevention of Corruption Act, 1988 - Section 13(1)(e), 13(2) and 19(3) - Corruption - Appeal against order of discharge on the ground that sanction accorded to prosecute the accused by the Government was illegal and without jurisdiction - Findings recorded by Special Judge could not have been and should not have been reversed or altered by the High Court without recording any opinion as to how a failure of justice - Once the cognizance was taken by the Special Judge and the charge was framed aga India Law Library Docid # 1603416
(989) RAZIA KHAN Vs. THE STATE OF M.P. [SUPREME COURT OF INDIA] 03-08-2023 Penal Code, 1860 (IPC) - Sections 333, 353 and 451 - Alteration of Sentence to Fine - Offence under Sections 333, 353 and 451 of IPC - Accused-appellant is a woman whose present age is 62 years and she is on bail for a long time - Held, only because an accused is on bail for a long time, it is no ground by itself to show leniency - Sentence under Section 333, 353 and 451 of IPC to be alter to fine - Appeal partly allowed. (Paras 2 and 8) India Law Library Docid # 1603417
(990) SUNIL KUMAR Vs. STATE OF U.P. AND ANOTHER [SUPREME COURT OF INDIA] 03-08-2023 Criminal Procedure Code, 1973 (CrPC) - Section 482 - Quashing of chargesheet - Offence under Sections 323, 504 and 506 of IPC - Allegations are of very trivial nature - No progress made in proceedings since the chargesheet was filed against the accused-appellant in the year 2015 - Continuing the proceedings would be a persecution and harassment to the appellant - As such a petty incident which took place in their office should have been resolved by the parties on that day itself, instead of stre India Law Library Docid # 1603418
(991) WAZIR KHAN Vs. STATE OF UTTARAKHAND [SUPREME COURT OF INDIA] 02-08-2023 Wazir Khan and is directed against the judgment(s) and order(s) dated 25.07.2017 (conviction) and 09.08.2017 (sentence) resply passed by the High Court of Uttarakhand at Nainital in Government Appeal No. 10 of 2011, by which the High Court allowed the appeal filed by the respondent - State of Uttarakhand and thereby reversed the judgment and order of acquittal passed by the trial court. India Law Library Docid # 1878065
(992) WAZIR KHAN Vs. STATE OF UTTARAKHAND [SUPREME COURT OF INDIA] 02-08-2023 These appeals are at the instance of the appellant/convict - Wazir Khan and is directed against the judgment(s) and order(s) dated 25.07.2017 (conviction) and 09.08.2017 (sentence) resply passed by the High Court of Uttarakhand at Nainital in Government Appeal No. 10 of 2011, by which the High Court allowed the appeal filed by the respondent - State of Uttarakhand and thereby reversed the judgment and order of acquittal passed by the trial court. India Law Library Docid # 1877744
(993) KISHORE BALKRISHNA NAND Vs. STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 02-08-2023 The respondent No.2 (original complainant) although served with the notice issued by this Court, yet has chosen not to remain present before this Court, either in-person or through an advocate, and oppose this appeal. This is an appeal at the instance of the original accused summoned for the offence of defamation punishable under Sec. 500 of the Indian Penal Code (for short, the IPC) and is directed against the order passed by the High Court of Judicature at Bombay, Nagpur Bench, dtd. 3/2/2010 i India Law Library Docid # 1880150
(994) KISHORE BALKRISHNA NAND Vs. STATE OF MAHARASHTRA AND ANOTHER [SUPREME COURT OF INDIA] 02-08-2023 Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Section 499 India Law Library Docid # 1880358
(995) WAZIR KHAN Vs. STATE OF UTTARAKHAND [SUPREME COURT OF INDIA] 02-08-2023 Evidence Act, 1872 - Section 101 - Penal Code, 1860 (IPC) - Section 302 India Law Library Docid # 1880359
(996) STATE OF PUNJAB Vs. PARAMJIT SINGH [SUPREME COURT OF INDIA] 02-08-2023 Penal Code, 1860 (IPC) - Section 302 India Law Library Docid # 1880366
(997) KISHORE BALKRISHNA NAND Vs. STATE OF MAHARASHTRA AND ANOTHER [SUPREME COURT OF INDIA] 02-08-2023 This is an appeal at the instance of the original accused summoned for the offence of defamation punishable under Section 500 of the Indian Penal Code (for short, "the IPC") and is directed against the order passed by the High Court of Judicature at Bombay, Nagpur Bench, dated 03.02.2010 in Criminal Writ Petition No.676 of 2009, by which the High Court rejected the writ petition filed by the appellant - Kishore Balkrishna Nand and thereby declined to quash the order of issue of process by the Ma India Law Library Docid # 1880867
(998) DELHI DEVELOPMENT AUTHORITY Vs. VANDANA GUPTA [SUPREME COURT OF INDIA] 02-08-2023 This appeal is at the instance of the Delhi Development Authority (for short, the DDA) and is directed against the impugned order dated 07.01.2010 passed by the High Court of Delhi in the Criminal Leave Petition No. 83 of 2007 filed by the appellant by which the High Court declined to grant leave to appeal against the judgment and order of acquittal passed by the trial court in the Criminal Case No. 103 of 2002 on the file of the Metropolitan Magistrate, New Delhi. It appears from the materials India Law Library Docid # 1882522
(999) AVTAR SINGH AND ANOTHER Vs. STATE OF PUNJAB [SUPREME COURT OF INDIA] 02-08-2023 Penal Code, 1860 (IPC) - Sections 366, 376, 376(2)(g), 342, 506 and 34 - Rape - Acquittal - Clothes of prosecutrix handed over to the police were having stains of semen, however, no scientific evidence was produced to link the same with the accused - Conviction and sentence set aside - Appeal allowed. (Para 8) India Law Library Docid # 1603414
(1000) E.S.I. CORPORATION, REP. BY THE REGIONAL DIRECTOR Vs. M/S. ENDOCRINOLOGY AND IMMUNOLOGY LAB [SUPREME COURT OF INDIA] 02-08-2023 Employees State Insurance Act, 1948 - Section 1(4) - A notification issued on 06.09.2007 by the Government of Kerala covering Medical institutions which included nursing homes, diagnostic centres and pathological laboratories employing 20 or more persons were brought under the ambit of the Employees State Insurance Act, 1948 - High Court rightly held that the provisions of Employees State Insurance Act, 1948 will be applicable to the respondent establishment w.e.f. 06.09.2007 and not from 22.11. India Law Library Docid # 1603415