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(981) GREATER MALWA PARAMEDICAL COLLEGE Vs. THE STATE OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 16-06-2023
Opportunity to participate in the proceedings and make submissions - It open for the Division Bench to ensure giving appropriate opportunity and time to the appellants to make submissions before the Division Bench and thereafter appropriate orders may be passed as the Division Bench may deem fit after hearing learned counsel for the appellants - Appeal allowed.
India Law Library Docid # 1603328

(982) COAL INDIA LIMITED AND ANOTHER Vs. COMPETITION COMMISSION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 15-06-2023
Competition Act, 2002 - Constitution of India, 1950 - Article 39(b) - Coal Mines (Nationalisation) Act, 1973 - Section 28 - Competition Act, 2022 apply to Coal Mines (Nationalisation) Act, 1973 - Nationalisation Act cannot be reconciled with the Competition Act, 2002 - Nationalisation Act itself was intended to achieve the goals in Article 39(b) of the Constitution - This means that the Nationalisation Act contemplated coal to be a material resource and it was to be distributed so as to subserve
India Law Library Docid # 1603319

(983) MOHD. MUSLIM Vs. STATE OF UTTAR PRADESH (NOW UTTARAKHAND) [SUPREME COURT OF INDIA] 15-06-2023
Penal Code, 1860 (IPC) - Section 302 - Criminal Procedure Code, 1973 (CrPC) - Section 313 - Murder - Benefit of doubt - Eye witness failed to divulge anything material regarding the alleged assault or that the accused appellants were the persons who assaulted the deceased - In the absence of any credible eye witness to the incident and the fact that the presence of the accused appellants at the place of incident is not well established - Constrained to accord benefit of doubt to both the accused
India Law Library Docid # 1603312

(984) HASMUKHLAL MADHAVLAL PATEL AND ANR. Vs. AMBIKA FOOD PRODUCTS PVT. LTD. AND OTHERS [SUPREME COURT OF INDIA] 15-06-2023
Paid-up capital - Purpose of the Board of Directors to increase the capital has been admittedly found to be bona fide - An incidental gain, namely the change in the shareholding pattern is entirely the inevitable result of the refusal of the respondent's groups to apply - This Court cannot proceed on the basis that the appellants foresaw and deliberately planned the whole affair - If only the respondents had applied, the situation would not have happened - Purported object was shown as generatin
India Law Library Docid # 1603321

(985) M/S TRINITY INFRAVENTURES LTD. & ORS. ETC. Vs. M.S. MURTHY & ORS. ETC. [SUPREME COURT OF INDIA] 15-06-2023
A simple suit for partition cannot be binding on third parties - No party to a suit for partition, even by way of compromise, can acquire any title to any specific item of property or any particular portion of a specific property, if such a compromise is struck only with a few parties to the suit.

B. Civil Procedure Code, 1908 (CPC) - Order 6 Rule 4
India Law Library Docid # 1603322

(986) A. SRINIVASULU Vs. THE STATE REP. BY THE INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 15-06-2023
Criminal Procedure Code, 19073 (CrPC) - Section 306(4)(a) - Prevention of Corruption Act, 1988 - Section 5(2) - In cases where the Special Court decides to proceed with a case under Section 5(2) of the Prevention of Corruption Act, there is no need to consider the requirement of the approver being examined as a witness in the Magistrate's Court according to Section 306(4)(a).
India Law Library Docid # 1603323

(987) STATION SUPERINTENDENT AND ANOTHER Vs. SURENDER BHOLA [SUPREME COURT OF INDIA] 15-06-2023
Railways Service - Theft of passenger belongings - Railways cannot be held responsible - Order of reimburse the stolen amount of cash to the passenger set aside - Appeal allowed.
India Law Library Docid # 1603342

(988) AISH MOHAMMAD Vs. STATE OF HARYANA AND OTHERS ; R1: STATE OF HARYANA; R2: DIRECTOR GENERAL OF POLICE (HARYANA), PANCHKULA; R3: INSPECTOR GENERAL OF POLICE, GURGAON; R4: SENIOR SUPERINTENDENT OF POLICE, GURGAON; R5: INSPECTOR GENERAL OF POLICE, FARIDABAD; R6: SUPERINTENDENT OF POLICE, NUH; R7: SUPERINTENDENT OF POLICE, PALWAL[SUPREME COURT OF INDIA] 14-06-2023
Punjab Civil Services Rules, 1934 - Rule 3.26(d) - Punjab Police Rules, 1934 - Rule 8.18 - Compulsory retirement - For a person in uniformed service, like the police, adverse entry relating to his/her integrity and conduct is to be adjudged by the superior authority(ies) who record and approve such entry - Personnel having such remarks being compulsorily retired as per the statutory provisions under the Punjab Civil Services Rules, 1934, in the instant facts, is not an action this Court would li
India Law Library Docid # 1603320

(989) M/S.REVATHI ENTERPRISES REP. BY ITS PARTNER MR. R. SRINIVASAN Vs. M/S. GOEL INDUSTRIES REP. BY ITS PROPRIETOR MR. RAM NIVAS GOEL [SUPREME COURT OF INDIA] 14-06-2023
Arbitration and Conciliation Act, 1996 - Section 11(6) - Appointment of arbitrator - Once the Division Bench had granted liberty to the parties to approach for appointment of fresh arbitrator, and the Court having exercised its powers under Section 11(6) of the Arbitration and Conciliation Act, 1996, no fault can be found in the same.
India Law Library Docid # 1603334

(990) LAXMAN PRASAD @ LAXMAN Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 14-06-2023
Penal Code, 1860 (IPC) - Section 302 - Murder - Circumstantial evidence - Acquittal - In a case of circumstantial evidence, the chain has to be complete in all respects so as to indicate the guilt of the accused and also exclude any other theory of the crime - Conviction and sentence set-aside - Appeal allowed.
India Law Library Docid # 1603339

(991) GOVERNMENT OF NCT OF DELHI & ORS. Vs. ROPPEN TRANSPORTATION SERVICES PVT. LTD. AND OTHERS [SUPREME COURT OF INDIA] 12-06-2023
Bike taxi operations in Delhi - Stayed - Without proper licence or permit and plying of such non­transport vehicles for hire or reward is in violation of registration condition - No doubt that on formulation of the Policy, each application for licence/permit in respect of two­wheelers to be operated through the regime of aggregators, shall be dealt with expeditiously in a time­bound manner.
India Law Library Docid # 1603327

(992) NG. SUBHACHANDRA SINGH Vs. N. JASOBANTA SINGH AND OTHERS [SUPREME COURT OF INDIA] 12-06-2023
Transfer Petition - Order of the Single Judge was by the present Acting Chief Justice, and one of the Members of the Division Bench having recused from hearing the appeal, the difficulty has arisen as the third Judge alone cannot hear the appeal - There being no other option for hearing of the appeals at the High Court of Manipur - It appropriate to transfer the three appeals from High Court of Manipur at Imphal to the Gauhati High Court at Guwahati for due adjudication - Petition allowed.
India Law Library Docid # 1603330

(993) BAR COUNCIL OF INDIA Vs. RABI SAHU AND ANOTHER [SUPREME COURT OF INDIA] 09-06-2023
Advocates Act, 1961 - Section 24(1) - Rule framed by BCI requiring a candidate for enrolment as an Advocate to have completed his law course from a college recognized/ approved by BCI cannot be said to be invalid - Decision of the High Court was not justified in directing the enrolment of respondent No. 1 as an Advocate, despite the fact that he secured his law degree from a college which was not recognized or approved by BCI.
India Law Library Docid # 1603310

(994) KARANDEEP SINGH Vs. CBI [SUPREME COURT OF INDIA] 09-06-2023
Criminal Procedure Code, 1973 (CrPC) - Section 438 - Bail - Bank Guarantee - A pre-condition of furnishing Bank Guarantee was held to be unsustainable for granting bail.
India Law Library Docid # 1603338

(995) SYED REHAMAT PASHA Vs. ASSISTANT DIRECTOR, DIRECTORATE OF REVENUE INTELLIGENCE [SUPREME COURT OF INDIA] 08-06-2023
A perusal of the judgment of the trial court reflects that the acquittal was recorded on the basis of the findings recorded in paragraphs 24 and 25 of NDPS Act the judgment as also violation of Section 50 of the Act. In paragraph 24, it was found that there was no evidence produced by the prosecution to prove that the samples which were collected were sealed and, thereafter, sent for chemical examination. It further recorded that the two independent
India Law Library Docid # 1877971

(996) BIRENDRA KUMAR PANDEY AND ANOTHER Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 08-06-2023
Constitution of India, 1950 - Article 32 - Customs Act, 1962 - Section 108 - Writ petition - Interrogation and recording of statements - Relief - Direction to petitioners' advocate should be allowed to be present during the interrogation of the petitioners but that he should be made to sit at a distance beyond hearing range, but within visible range and the lawyer must be prepared to be present whenever the petitioners are called upon to attend such interrogation - Relief sought in the writ peti
India Law Library Docid # 1603325

(997) M LUCY RANI AND OTHERS Vs. SIDDABLOINA LAXMINARAYANA AND OTHERS [SUPREME COURT OF INDIA] 08-06-2023
The appellants have assailed the correctness of judgment and order dated 29.04.2014 passed by Division Bench of the High Court of Judicature for the State of Telangana and State of Andhra Pradesh whereby the writ petitions were allowed and the order dated 28.11.2011 passed by the Andhra Pradesh Administrative Tribunal at Hyderabad in a batch of applications (leading case O.A.No.283 of 2010)
India Law Library Docid # 1603329

(998) UNION OF INDIA AND OTHERS Vs. GHAMMAN SINGH [SUPREME COURT OF INDIA] 07-06-2023
Service Law - Arrears of salary - Respondents would not be entitled to any arrears they have already been extended benefit of promotion and notional fixation of their salary has also been made.
India Law Library Docid # 1603316

(999) AMOL BHASKARRAO WAGHMARE Vs. STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 07-06-2023
Penal Code, 1860 (IPC) - Sections 302 and 307 read with Section 34 - Criminal Procedure Code, 1973 (CrPC) - Section 313 - Murder - Acquittal - Solely based on a stray reference to appellant in cross­examination of the witness, his conviction was unwarranted - There also no specific role has been attributed to the appellant and it is a general accusation along with the other persons implicated in the subject­offences
India Law Library Docid # 1603324

(1000) R VARATHARAJAN Vs. RAMASAMY [SUPREME COURT OF INDIA] 05-06-2023
Negotiable Instruments Act, 1881 - Section 138 - Dishonour of cheque - Setting aside of conviction and sentence - Settlement between with parties - Respondents will have no objection as the outstanding amount has already been received by them - Conviction and sentence under Section 138 of the Negotiable Instruments Act is set aside - Appeal allowed.
India Law Library Docid # 1603314