(701) VELTHEPU SRINIVAS AND OTHERS Vs. STATE OF ANDHRA PRADESH (NOW STATE OF TELANGANA) AND ANOTHER [SUPREME COURT OF INDIA] 06-02-2024 Penal Code, 1860 (IPC) - Sections 34, 302 and 304-II - Murder - Alteration of sentence - Section 302 to Section 304 Part II - Perusal of the evidence would reveal that it is not the case of the prosecution that A-3 was along with the other accused while the deceased was dragged to the house - Deposition would reveal that after the other accused assaulted the deceased with sword, A-3 came thereafter and assaulted the deceased with stone lying there - Prosecution has not been in a position to est India Law Library Docid # 1603912
(702) KULDEEP KUMAR Vs. U.T. CHANDIGARH[SUPREME COURT OF INDIA] 05-02-2024 The Returning Officer shall remain present before this Court on the next date of listing to explain his conduct as it appears in the video. Prima facie, at this stage, we are of the considered view that an appropriate interim order was warranted, which the High Court has failed to pass, in order to protect the purity and sanctity of the electoral process. We direct that the entire record pertaining to the election of the Mayor of the Chandigarh Municipal Corporation shall be sequestered under th India Law Library Docid # 1883044
(703) KRISHNA Vs. TEK CHAND[SUPREME COURT OF INDIA] 05-02-2024 Petitioners counsel placed reliance on the judgment of this Court in the case of Helen C. Rebello (Mrs.) & Ors. v. Maharashtra State Road Transport Corporation and Anr. [(1999) 1 SCC 90] to contend that the monetary benefit received by the family of the deceased-employee under the provisions of the Motor Vehicles Act, 1988, cannot be reduced in terms of the amount received under Haryana Compassionate Assistance to Dependents of Deceased Government Employees, Rules, 2006 (the Rules, 2006, for sho India Law Library Docid # 1883048
(704) THIRU. K.K.S.S.R. RAMACHANDRAN Vs. STATE REP. BY: THE ADDITIONAL SUPERINTENDENT OF POLICE AND OTHERS [SUPREME COURT OF INDIA] 05-02-2024 Suo motu jurisdiction exercised by a Single Judge of the Madras High Court without prior approval from the Chief Justice — Whether the Single Judge could exercise suo motu jurisdiction without the Chief Justice's prior approval — The petitioner argued that the Single Judge did not have the authority to exercise suo motu jurisdiction without the Chief Justice's approval, citing Rule xiv of the Criminal Rules Committee on Special Courts for Trial of Criminal Cases involving MP/MLAs — The responden India Law Library Docid # 2417322
(705) SRI L.V. SUBRAHMANYAM, IAS, PRINCIPAL SECRETARY, MEDICAL AND HEALTH DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH Vs. THE REGISTRAR GENERAL, HIGH COURT OF JUDICATURE AT HYDERABAD, FOR THE STATE OF TELANGANA AND FOR THE STATE OF ANDHRA PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 05-02-2024 Contempt of Court — The main issue is whether the delay in complying with a court order constitutes contempt of court — The Supreme Court quashed the High Court's orders, stating that mere delay without deliberate or willful intent does not attract the provisions of the Contempt of Courts Act — The appeals were allowed, and the impugned orders were set aside. India Law Library Docid # 2417323
(706) RAJASEKAR Vs. THE STATE REP. BY THE INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 05-02-2024 Protection of Children from Sexual Offences Act, 2012 - Sections 3(a) and 4 - Penetrative sexual assault on victim girl, on the promise of marrying her - At the time of the offence, victim girl is aged 16 years and the accused made her pregnant and subsequently, gave birth to a child - Aim of the POSCO Act, is to protect the children from sexual offences - To ensure that the tender age of the children are not to be abused and the childhood and youth are protected against the exploitations and th India Law Library Docid # 1603922
(707) ABDUL JABBAR Vs. THE STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 05-02-2024 Penal Code, 1860 (IPC) - Sections 323 and 325 - Grievous injury - Reduction of sentence - Incident occurred in 2010 - Appellant-accused has undergone almost 1/3rd of his sentence i.e., a period extending to 1 (one) month; and 3 (three) days - Appellant was made to suffer the agony of a protracted trial spanning over 13 (thirteen) years - Taking into consideration the totality of circumstances, coupled with the fact that underlying incident occurred in 2010, the appeal is allowed in part and the India Law Library Docid # 1603923
(708) MAMIDI ANIL KUMAR REDDY Vs. THE STATE OF ANDHRA PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 05-02-2024 Penal Code, 1860 (IPC) - Sections 420, 498A and 506 - Dowry Prohibition Act, 1961 - Sections 3 and 4 - Quashing of criminal proceedings - Phenomenon of false implication by way of general omnibus allegations in the course of matrimonial disputes is not unknown to this Court - A bare perusal of the complaint, statement of witnesses’ and the charge-sheet shows that the allegations against the Appellants are wholly general and omnibus in nature; even if they are taken in their entirety, they do not India Law Library Docid # 1603924
(709) BHAGGI @ BHAGIRATH @ NARAN Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 05-02-2024 Penal Code, 1860 (IPC) - Section 376AB - Rape with a 7 year old girl in temple - Petitioner-convict was aged 40 years on the date of occurrence and he took the victim to a temple, unmindful of the holiness of the place disrobed her and himself and then committed the crime - The fact he had not done it brutally will not make its commission non-barbaric - When the words 'barbaric' and 'brutal' are used simultaneously they are not to take the character of synonym, but to take distinctive meanings - India Law Library Docid # 1603913
(710) UNION OF INDIA AND OTHERS Vs. M/S. B. T. PATIL AND SONS BELGAUM (CONSTRUCTION) PVT. LTD. [SUPREME COURT OF INDIA] 05-02-2024 Customs Act, 1962 - Sections 27A and 75A - Interest on drawback - Exim Policy, 1992-1997 - Under sub-section (1) of Section 75A of the Customs Act, where duty drawback is not paid within a period of three months from the date of filing of claim, the claimant would be entitled to interest in addition to the amount of drawback - This section provides that the interest would be at the rate fixed under Section 27A from the date after expiry of the said period of three months till the payment of such India Law Library Docid # 1603914
(711) HAALESH Vs. STATE OF KARNATAKA[SUPREME COURT OF INDIA] 02-02-2024 In Sessions Case No. 25 of 2000 out of the nine accused, seven accused persons (A-1 to A-7) were convicted for various offences and were sentenced to undergo imprisonment for different period with a maximum of life imprisonment for an offence under Sec. 302 in aid with Sec. 149 IPC and remaining two accused persons i.e. (A-8 and A-9) were acquitted. Accused Nos. 1, 2 and 3 accepted the judgment of the Trial Court and did not file any appeal against it. Accused Nos. 4, 5 and 6 together filed a Cr India Law Library Docid # 1883037
(712) SUNDER LAL Vs. STATE OF UTTAR PRADESH[SUPREME COURT OF INDIA] 02-02-2024 The question which arises for consideration in this appeal is as to whether a witness which has been shown in the prosecution list but not examined on behalf of the prosecution, can be permitted to be examined as a defence witness. In our considered view, both the Courts are wrong in declining the request of the appellant, as factually, the witness sought to be examined on the side of the defence has not been examined by the prosecution. In other words, the prosecution has consequentially chosen India Law Library Docid # 1884110
(713) ATUL @ ASHUTOSH Vs. STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 02-02-2024 Leave granted. Out of fixed term sentence of five years, the appellantaccused has already undergone half of the sentence. The appeal against conviction of the year 2022 is not likely to reach before he completes the entire sentence. Hence, a case is made out for grant of suspension of sentence pending the appeal and grant of bail. For that purpose, the appellant shall be produced before the Trial Court within a period of one week from today. India Law Library Docid # 1884119
(714) XXX Vs. THE STATE REPRESENTED THR. THE INSPECTOR OF POLICE AND ANOTHER [SUPREME COURT OF INDIA] 02-02-2024 Penal Code, 1860 (IPC) — Section 417, 376, 420, 354A, 506(i) and 34 — Information Technology Act, 2000 — Section 66A — The appellant lodged an FIR alleging offences under various sections of the IPC and IT Act — The chargesheet filed did not include some serious charges, prompting the appellant to seek further investigation — Whether the appellant's application under Section 173(8) of Cr.P.C. should be treated as a Protest Petition and whether further investigation is warranted — The appellant a India Law Library Docid # 2417324
(715) ANIL KISHORE PANDIT Vs. THE STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 02-02-2024 Post of Amin — The appellant applied for the post of Amin based on an advertisement that set the age cut-off date as January 1, 2011 — His application was initially accepted, but later rejected due to a change in the cut-off date to November 1, 2011 — Whether the change in the age cut-off date during the selection process was valid and whether the appellant's rejection based on the new cut-off date was justified — The appellant argued that the change in the cut-off date was arbitrary and not pub India Law Library Docid # 2417325
(716) VINOD KANJIBHAI BHAGORA Vs. STATE OF GUJARAT AND ANOTHER [SUPREME COURT OF INDIA] 02-02-2024 Gujarat Civil Services (Pension) Rules, 2022 - Rule 25 - Pension - Qualifying service for the purpose of calculating terminal benefits / pensionary benefits under the Pension Rules would include prior services rendered by such an person under inter alia the Central Government provided that (i) the employment of such person under the Central Government encompassed an underlying pension scheme; and (ii) such person came to be absorbed by the State Government - Pension is earned by a government ser India Law Library Docid # 1603925
(717) HAALESH @ HALESHI @ KURUBARA HALESHI Vs. STATE OF KARNATAKA [SUPREME COURT OF INDIA] 02-02-2024 Penal Code, 1860 (IPC) - Section 302 IPC read with Section 149 - Murder - Unlawful Assembly with Common Object - An overt act of some of the accused persons of an unlawful assembly with the common object to kill the deceased and to cause grievous hurt to the other family members is enough to rope in all of them for an offence under Section 302 IPC in aid with Section 149 IPC - Contention advanced on behalf of the appellants that the medical evidence or the medical report on record does not subst India Law Library Docid # 1603909
(718) THE AUTHORISED OFFICER, CENTRAL BANK OF INDIA Vs. SHANMUGAVELU [SUPREME COURT OF INDIA] 02-02-2024 Security Interest (Enforcement) Rules, 2002 - Rule 9(5) - Contract Act, 1872 - Sections 73 and 74 - Forfeiture of earnest-money deposit by the secured creditor - Constitutional validity of Rule 9(5) of the SARFAESI Rules is upheld - High Court erred in law by holding that forfeiture of the entire deposit under Rule 9 sub-rule (5) of the SARFAESI Rules by bank after having already recovered its dues from the subsequent sale amounts to unjust enrichment - Sections 73 and 74 of the 1872 Act will h India Law Library Docid # 1603910
(719) RAJU KRISHNA SHEDBALKAR Vs. THE STATE OF KARNATAKA AND ANOTHER [SUPREME COURT OF INDIA] 02-02-2024 Penal Code, 1860 (IPC) - Sections 406, 417 and 420 - Cheating and criminal breach of trust - Appellant was accused of cheating and criminal breach of trust by Respondent-informant, who claimed he deceived her family by accepting money for marriage arrangements that never took place - High Court partly allowed appellant's petition, quashing charges under Sections 406 and 420 of IPC, but upheld charges under Section 417 of the IPC against him - Appellant argued that the High Court's reasoning for India Law Library Docid # 1604204
(720) DATTATRAYA Vs. THE STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 01-02-2024 This appeal arises out of the final judgment and order dated 23.11.2010 passed by the Aurangabad Bench of Bombay High Court in Criminal Appeal No. 06/2009 whereby the conviction of the appellant under Sections 302 and 316 of the Indian Penal Code (for short IPC) was upheld and the appellant was sentenced to undergo life imprisonment under Section 302 and 10 years of R.I. under Section 316 of IPC, and was directed to pay fine amount of Rs.5000 and Rs.2000/-, respectively. India Law Library Docid # 1882476