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(981) VALLAMPATI SATHISH BABU Vs. THE STATE OF ANDHRA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 19-04-2022
Andhra Pradesh Panchayat Raj Act, 1994 - Sections 195 and 243 - Andhra Pradesh Direct Recruitment for the post of Teachers (Scheme of Selection) Rules, 2012 - Rule 16 - Service Law - Even in case candidates selected for appointment have not joined, in the absence of any statutory rules to the contrary, the employer is not bound to offer the unfilled vacancy to the candidates next below the said candidates in the merit list - In the absence of any provision, the employer is not bound to prepare a
India Law Library Docid # 1601435

(982) K.C. LAXMANA Vs. K.C. CHANDRAPPA GOWDA AND ANOTHER [SUPREME COURT OF INDIA] 19-04-2022
Joint Family Property - Gift deed - A Hindu father or any other managing member of a HUF has power to make a gift of ancestral property only for a 'pious purpose' and what is understood by the term ‘pious purpose’ is a gift for charitable and/or religious purpose. Therefore, a deed of gift in regard to the ancestral property executed ‘out of love and affection’ does not come within the scope of the term ‘pious purpose’ - It is trite law that Karta/Manager of a joint family property may alienate
India Law Library Docid # 1601436

(983) NEMAI CHANDRA DEY (DEAD) THROUGH LRS. Vs. PRASANTA CHANDRA (DEAD) THROUGH LRS. AND ANOTHER [SUPREME COURT OF INDIA] 19-04-2022
Civil Procedure Code, 1908 (CPC) - Order 41 Rule 31 - It is the bounden duty of the first appellate Court to deal with appeals within the confines of law and keeping in mind the principles which have been enumerated under Order XLI Rule 31.
India Law Library Docid # 1601473

(984) MANISHA Vs. STATE OF RAJASTHAN AND ANOTHER [SUPREME COURT OF INDIA] 19-04-2022
Criminal Procedure Code, 1973 (CrPC) - Section 439 - Penal Code, 1860 (IPC) - Section 376 - Rape - Habitual offender - Cancellation of Bail - Judges are duty­bound to explain the basis on which they have arrived at a conclusion - Merely recording "having perused the record" and "on the facts and circumstances of the case" does not subserve the purpose of a reasoned judicial order - It is a fundamental premise of open justice, to which our judicial system is committed, that factors which have wei
India Law Library Docid # 1601420

(985) STATE OF UTTARAKHAND AND ANOTHER Vs. MAYAN PAL SINGH VERMA [SUPREME COURT OF INDIA] 19-04-2022
Constitution of India, 1950 - Article 226 and 227 - When a number of issues/grounds were raised in the writ petition, there was the duty cast upon the High Court to deal with the same and thereafter, to pass a reasoned order - High Court in exercise of powers under Article 226 of the Constitution of India was required to have independently considered the legality and validity of the order passed by the Tribunal which was under challenge before it - Neither any submission on merits is recorded no
India Law Library Docid # 1601421

(986) MS. Y Vs. STATE OF RAJASTHAN AND ANOTHER [SUPREME COURT OF INDIA] 19-04-2022
Criminal Procedure Code, 1973 (CrPC) - Section 439 - Penal Code, 1860 (IPC) - Section 376 - Rape - Habitual offender - Cancellation of Bail - Judges are duty­bound to explain the basis on which they have arrived at a conclusion - Merely recording "having perused the record" and "on the facts and circumstances of the case" does not subserve the purpose of a reasoned judicial order - It is a fundamental premise of open justice, to which our judicial system is committed, that factors which have wei
India Law Library Docid # 1601424

(987) VENKATESH @ CHANDRA AND ANOTHER ETC. Vs. STATE OF KARNATAKA [SUPREME COURT OF INDIA] 19-04-2022
Evidence Act, 1872 - Section 27 - Statement - A tendency on part of the Prosecuting Agency in getting the entire statement recorded rather than only that part of the statement which leads to the discovery of facts - In the process, a confession of an accused which is otherwise hit by the principles of Evidence Act finds its place on record. Such kind of statements may have a direct tendency to influence and prejudice the mind of the Court - This practice must immediately be stopped.
India Law Library Docid # 1819067

(988) JAGJEET SINGH AND OTHERS Vs. ASHISH MISHRA @ MONU AND ANOTHER [SUPREME COURT OF INDIA] 18-04-2022
Criminal Procedure Code, 1973 (CrPC) - Section 2(wa) - Penal Code, 1860 (IPC) - Sections 147, 148, 149, 302, 307, 326 read with Sections 34 and 120­B - Arms Act, 1959 - Sections 3, 25 and 30 - Lakhimpur Kheri Violence Case - Several farmers crushed to death under Car - Cancellation of Bail - Whether a 'victim' as defined under Section 2(wa) of the Code of Criminal Procedure, 1973 is entitled to be heard at the stage of adjudication of bail application of an accused? - Held, A 'victim' within the
India Law Library Docid # 1601419

(989) STATE BANK OF INDIA Vs. KRISHIDHAN SEEDS PRIVATE LIMITED [SUPREME COURT OF INDIA] 18-04-2022
The respondent received credit facilities from the appellant commencing from 30 November 2006. According to the appellant, as on 24 June 2013, the outstanding under the credit facilities extended to the respondent totaled to Rs 102.4 crores. In lieu of these credit facilities, the respondent (along with other persons) provided securities in favor of the appellant. The respondent allegedly failed to honor the terms of these credit facilities and defaulted on their repayments.
India Law Library Docid # 1601695

(990) MAHESH KUMAR KEJRIWAL AND ANOTHER Vs. BHANUJ JINDAL AND ANOTHER [SUPREME COURT OF INDIA] 18-04-2022
Negotiable Instruments Act, 1882 (NI) - Section 138 - Dishonour of cheque - Exemption from personal appearance - Learned counsel has referred to a decision of this Court in the case of M/s Bhaskar Industries Ltd. v. M/s Bhiwani Denim Apparels Ltd.: (2001) 7 SCC 401 - The said decision was cited before the High Court too and the High Court has rightly indicated that therein, this Court was not dealing with a claim for blanket exemption from personal appearance - Moreover, even while observing tha
India Law Library Docid # 1601715

(991) OMKAR SWAMY Vs. THE STATE OF KARNATAKA [SUPREME COURT OF INDIA] 18-04-2022
It is alleged that the appellant trespassed into the house of one Shantamma, where he attempted to steal cash and gold from her mother Chandramma. When she resisted, the appellant attacked her on her head and face with a wooden club, which caused her to bleed from her injuries. The appellant then allegedly escaped with the gold and cash. The incident was witnessed by the complainant, the son of Chandramma, who tried to catch hold of the appellant while he was trying to escape. The appellant's es
India Law Library Docid # 1826854

(992) MAHESH KUMAR KEJRIWAL Vs. BHANUJ JINDAL [SUPREME COURT OF INDIA] 18-04-2022
Learned counsel has referred to a decision of this Court in the case of M/s Bhaskar Industries Ltd. v. M/s Bhiwani Denim Apparels Ltd.: (2001) 7 SCC 401. The said decision was cited before the High Court too and the High Court has rightly indicated that therein, this Court was not dealing with a claim for blanket exemption from personal appearance.
India Law Library Docid # 1827154

(993) M/S JERSEY DEVELOPERS (P) LIMITED AND OTHERS Vs. CANARA BANK [SUPREME COURT OF INDIA] 13-04-2022
Civil Law - Additional opportunity to defend the suit - Summons/notices issued by the learned Trial Court were returned 'unclaimed' as the same were sent at the address at Chennai and the house was closed as the appellants herein original defendants were staying in USA and thereafter the said house was sold and so as to give one additional opportunity to the defendants to defend the suit and as by now entire decretal amount is deposited by the appellants to show their bonafides and therefore the
India Law Library Docid # 1601414

(994) SANJAY PATEL AND ANOTHER Vs. THE STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 13-04-2022
Juvenile Justice (Care and Protection) Act, 2000 - Sections 4 and 7A - Penal Code, 1860 (IPC) - Section 302 - Murder - Life imprisonment - Plea of Juvenility - When the offence was committed, the provisions of the Juvenile Justice (Care and Protection) Act, 2000 were in force - As per the 2000 Act, only the Juvenile Justice Board constituted under Section 4 thereof had jurisdiction to try a juvenile in conflict with the law - Under Section 7A of the 2000 Act, an accused was entitled to raise a c
India Law Library Docid # 1601415

(995) INDRESH KUMAR MISHRA AND OTHERS Vs. THE STATE OF JHARKHAND AND OTHERS [SUPREME COURT OF INDIA] 13-04-2022
Education Law - As per the settled proposition of law, in the field of education, the Court of Law cannot act as an expert normally, therefore, whether or not a student/candidate is possessing the requisite qualification should better be left to the educational institutions, more particularly, when the Expert Committee considers the matter.
India Law Library Docid # 1601416

(996) HARISH CHANDRA SHRIVASTAVA Vs. THE STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 13-04-2022
Bihar Private Medical (Indian System of Medicine) College (Taking over) Act, 1985 - Section 6(2) - Determination of terms of the teaching staff and other employees of the College - Section 6(2) authored the Committee constituted by the State Government to examine the bio-data of each of the member of the teaching staff in reference to appointment, promotion and confirmation made in accordance with the relevant Statute and the State Government in terms of Section 6(3) of the Act will take a call
India Law Library Docid # 1601417

(997) KAMATCHI Vs. LAKSHMI NARAYANAN [SUPREME COURT OF INDIA] 13-04-2022
Criminal Procedure Code, 1973 (CrPC) - Section 468 - Application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 - Bar to taking cognizance after lapse of the period of limitation - Provisions of the Act contemplate filing of an application under Section 12 to initiate the proceedings before the concerned Magistrate - After hearing both sides and after taking into account the material on record, the Magistrate may pass an appropriate order under Section 12 of the Act
India Law Library Docid # 1601418

(998) WIPRO FINANCE LIMITED Vs. COMMISSIONER OF INCOME TAX [SUPREME COURT OF INDIA] 12-04-2022
Income Tax Act, 1961 - Section 37 - Whether the loss suffered by the appellant owing to exchange fluctuation can be regarded as revenue expenditure or capital expenditure - Held, Exchange fluctuation loss is an expenditure incidental to carrying on of business and comes within the purview of section 37 of the Act as the same is incurred wholly and exclusively for the purposes of business. It is nobody's case that the funds borrowed in foreign exchange have been diverted for non¡business purposes
India Law Library Docid # 1601727

(999) SHANKARLAL NADANI Vs. SOHANLAL JAIN [SUPREME COURT OF INDIA] 12-04-2022
Rajasthan Rent Control Act, 2001 - Section 18 - Suit for possession - Jurisdiction of Civil Court - Section 18 does not talk about the validity of any decree of the civil court but only restricts the jurisdiction of the civil court from the date the Act became applicable - Act has come into force in respect of the premises in question on 11.5.2015 i.e., after the civil suit was filed, therefore, the decree could validly be passed and executed - After the applicability of the Act to the area in q
India Law Library Docid # 1601405

(1000) ASHUTOSH KUMAR Vs. THE FILM AND TELEVISION INSTITUTE OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 12-04-2022
Education Law - A person who is colour blind is permitted to enroll for ALL courses offered by Films and Television Institute of India - There is no bar to admissions to the FTII for colorblind individuals.
India Law Library Docid # 1601447

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