(741) GULSHAN BAJWA Vs. REGISTRAR, HIGH COURT OF DELHI AND ANOTHER [SUPREME COURT OF INDIA] 30-01-2024 Contempt of Courts Act, 1971 – Legal proceedings related to criminal contempt of court - The case involves a practicing advocate and former army personnel who was convicted by the High Court of Delhi under the Contempt of Courts Act, 1971 - The appellant's actions include making threats to a lady advocate, failing to appear in court, filing baseless allegations, and engaging in a pattern of contemptuous behavior - The High Court found the appellant guilty and sentenced him to three months of civ India Law Library Docid # 1603903
(742) PRIYANKA PRAKASH KULKARNI Vs. MAHARASHTRA PUBLIC SERVICE COMMISSION [SUPREME COURT OF INDIA] 29-01-2024 Service Law – Reservation - Appellant a State Tax Officer, applied for a competitive exam under the 'Open General Category' due to her inability to produce a valid Non-Creamy Layer (NCL) certificate by the deadline - The main issue was whether Appellant could benefit from female reservation after obtaining an NCL certificate following a corrigendum that relaxed the submission deadline – Appellant argued that she was eligible for the 'Reserved Female Category' after the corrigendum allowed submis India Law Library Docid # 1882509
(743) PRIYANKA PRAKASH KULKARNI Vs. MAHARASHTRA PUBLIC SERVICE COMMISSION [SUPREME COURT OF INDIA] 29-01-2024 The decision of the Division Bench of the High Court of Judicature at Bombay (the High Court) wherein the High dismissed Writ Petition No. 9040 of 2023; and consequently, granted imprimatur to the decision of the Maharashtra Administrative Tribunal, Mumbai (the MAT) dated 07.07.2023 in Original Application No. 396 of 2023 (the OA) is assailed before us (the Impugned Order). An advertisement was issued by the Respondent on 11.05.2022 in relation to the State Services Preliminary Examination for t India Law Library Docid # 1882518
(744) IDU THROUGH LRS. AND OTHERS Vs. NIZAM DIN (D) THROUGH LRS. [SUPREME COURT OF INDIA] 29-01-2024 Suit for title and injunction — The appellant filed a suit for title and injunction based on two sale deeds and adverse possession — The Trial and Appellate Courts held that the appellant was in adverse possession — Whether a plaintiff can maintain a suit for adverse possession — The appellant argued that they were in adverse possession and sought a declaration of title — The respondent contended that a suit for adverse possession is not maintainable by the plaintiff — The High Court dismissed t India Law Library Docid # 2417330
(745) MAMTA SHAILESH CHANDRA Vs. STATE OF UTTARAKHAND AND OTHERS [SUPREME COURT OF INDIA] 29-01-2024 Penal Code, 1860 (IPC) — Sections 420 & 409 — The appellant was a Branch Manager at a Cooperative Bank and faced allegations of financial irregularities — The High Court dismissed the appellant's plea to quash the FIR because a chargesheet had been filed after the petition — The Supreme Court set aside the High Court's order, remanding the case back to the High Court for a merit-based hearing — The appellant cannot be arrested until the High Court decides on the writ petition unless necessary du India Law Library Docid # 2417331
(746) GAURAV KUMAR @ MONU Vs. THE STATE OF HARYANA [SUPREME COURT OF INDIA] 29-01-2024 Juvenile Justice (Care and Protection of Children) Rules, 2007 — Rule 12 — The petitioner sought a review of a judgment dated 15.02.2019 regarding the question of juvenility — The main issue was whether the Juvenile Justice (Care and Protection of Children) Rules, 2001 or 2007 should be applied in determining the petitioner's juvenility — The petitioner argued that there was a manifest error in the judgment, as it should have referred to the 2007 Rules instead of the 2001 Rules — The respondent India Law Library Docid # 2417332
(747) IDU THROUGH LRS. AND OTHERS Vs. NIZAM DIN (D) THROUGH LRS. [SUPREME COURT OF INDIA] 29-01-2024 Adverse Possession — The appellant filed a suit for title and injunction based on two sale deeds and adverse possession — The Trial and Appellate Courts ruled in favor of the appellant — Whether a plaintiff can maintain a suit for adverse possession — The Supreme Court set aside the High Court's judgment, allowing the appeals based on the precedent that a plaintiff can seek a declaration of title by adverse possession — The High Court's decision was overturned because it was inconsistent with th India Law Library Docid # 2417399
(748) DASHRATH SAHU Vs. STATE OF CHHATTISGARH [SUPREME COURT OF INDIA] 29-01-2024 Penal Code, 1860 (IPC) – Sections 354 and 451 - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(1)(xi) - Conviction - The Supreme Court upheld the conviction of the accused for the offences punishable under Sections 354 and 451 IPC, but overturned his conviction for the offence punishable under Section 3(1)(xi) SC/ST Act. The Court held that the prosecution had failed to prove beyond a reasonable doubt that the accused had assaulted the victim with the inte India Law Library Docid # 1603892
(749) P.C. JAIN Vs. DR. R.P. SINGH [SUPREME COURT OF INDIA] 29-01-2024 Consumer Law - Medical Negligence - The appellant filed a consumer complaint against the respondent alleging medical negligence in a surgical procedure that resulted in the loss of vision in his left eye - The appellant initially received compensation from the District Consumer Disputes Redressal Commission (DCDRC), but the respondent appealed and won, arguing that the DCDRC lacked jurisdiction - The appellant then appealed to the National Consumer Disputes Redressal Commission (NCDRC), which re India Law Library Docid # 1603893
(750) SANJAY UPADHYA Vs. ANAND DUBEY [SUPREME COURT OF INDIA] 29-01-2024 Constitution of India, 1950 - Article 19(1)(a) - Penal Code, 1860 (IPC) - Section 500 - Defamation - Quashing of complaint - A complaint has been filed against the appellant/accused, the registered owner of the 'Sunday Blast' newspaper - Allegation is that the accused allowed the publication of a news article in the February 24, 2013 edition with the title "Advocate ne pan masala vyavasayi par karaya jhuta mamla darj," - Order passed by Magistrate First Class, Hoshangabad rejecting the complaint India Law Library Docid # 1603894
(751) DIRECTOR GENERAL, COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH(CSIR) Vs. J.K. PRASHAR AND OTHERS [SUPREME COURT OF INDIA] 29-01-2024 Service Law - Promotion –Promotion of respondent nos. 2 and 3 on the post of Under Secretary - The Court found that respondent no. 1 was eligible to be promoted to the post of Under Secretary because he had been appointed as Section Officer - The Court also found that the appellant-CSIR had not disputed this fact in its reply before the High Court - The Court further found that the appellant-CSIR's argument that respondent no. 1 was not graded as 'Good' whereas respondent nos. 2 & 3 were grad India Law Library Docid # 1603895
(752) J.N. PURI Vs. STATE OF UTTAR PRADESH (NOW STATE OF UTTARAKHAND) AND OTHERS [SUPREME COURT OF INDIA] 29-01-2024 Land Acquisition - Restoration of writ petition - High Court of Uttarakhand was not correct in holding that the application for restoration of the writ petition which was dismissed for non-prosecution vide order dated 26th February, 1992 was submitted with a delay of seven years - As a matter of fact, the application for restoration was filed within a period of one month which fact has been admitted at para 5 of the counter affidavit filed by the State of Uttar Pradesh / Uttarakhand (respondent India Law Library Docid # 1603896
(753) AJITSINH CHEHUJI RATHOD Vs. STATE OF GUJARAT AND ANOTHER [SUPREME COURT OF INDIA] 29-01-2024 Negotiable Instruments Act, 1881 (NI) - Section 138 - Evidence Act, 1872 - Section 73 - Cheque Bounce - Comparison of signature - In an appropriate case, the certified copy of the specimen signature maintained by the Bank can be procured with a request to the Court to compare the same with the signature appearing on the cheque by exercising powers under Section 73 of the Evidence Act, 1872. India Law Library Docid # 1603897
(754) YAGWATI @ POONAM Vs. GHANSHYAM [SUPREME COURT OF INDIA] 29-01-2024 Hindu Adoption and Maintenance Act, 1956 - Section 18 - Maintenance to wife - Enhancement of - Husband serving as Assistant Manager, BSNL and his salary is Rs. 1,05,871 (Rupees One Lakh Five Thousand Eight Hundred and Seventy One) per month - Monthly maintenance enhanced form Rs. 10,000 to Rs. 20,000 - Appeal allowed. India Law Library Docid # 1603906
(755) KRISHAN Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 25-01-2024 Penal Code, 1860 (IPC) - Section 302 - Arms Act, 1959 - Section 25 - Evidence Act, 1872 - Section 27 - Murder - Acquittal - Benefit of doubt - Evidence of recovery of the weapon at the instance of the appellant-accused cannot be accepted as reliable - It cannot be said that there was a discovery by the appellant of the place where dead bodies were kept - Part of the statement of the accused, which records that he would show the place where he had thrown the dead bodies, is not admissible in evid India Law Library Docid # 1603891
(756) OMDEO BALIRAM MUSALE AND OTHERS Vs. PRAKASH RAMCHANDRA MAMIDWAR AND OTHERS [SUPREME COURT OF INDIA] 24-01-2024 Suit for declaration related to Property - The case involves a property declaration suit filed in 1982, which was dismissed due to non-payment of process fees - Subsequent applications for restoration and condonation of delay were also dismissed - The primary issue is whether the High Court erred in dismissing the application for restoration of the revision petition and the accompanying application for condonation of delay - The petitioners argued that the property, belonging to the joint family India Law Library Docid # 1882508
(757) OMDEO BALIRAM MUSALE AND OTHERS Vs. PRAKASH RAMCHANDRA MAMIDWAR AND OTHERS [SUPREME COURT OF INDIA] 24-01-2024 This Special Leave Petition is against the decision of the High Court in dismissing an application for restoration of a Civil Revision Application and the accompanying application for condonation of delay in sheer exasperation. The facts are as follows: A simple prayer was made by the petitioners in a suit for declaration that the property belonging to the joint family, but their father wrongly sold it to third parties through a sale deed in the year 1980. The suit came to be dismissed for defau India Law Library Docid # 1882519
(758) KRISHNA SHARMA ALIAS KRISHNA KUMAR SHARMA Vs. STATE OF WEST BENGAL AND ANOTHER [SUPREME COURT OF INDIA] 24-01-2024 Non-appearance of Lawyer — The appellant's bail was canceled by an order dated 06.09.2023 because he did not appear in court due to a traffic jam and his lawyer's absence — Whether the cancellation of bail was justified based on the appellant's non-appearance — The appellant argued that his absence was due to unavoidable circumstances and that bail should not be canceled for non-appearance alone — The State and complainant opposed the petition, supporting the bail cancellation — The Supreme Cour India Law Library Docid # 2417333
(759) VISHAL NOBLE SINGH Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 24-01-2024 Penal Code, 1860 (IPC) — Sections 406, 419, 420, 467, 468, 471 and 120B — The case involves running the institution fraudulently and embezzling fees — Whether the allegations in the FIR and chargesheet justify the prosecution under various sections of the IPC — Petitioner's Arguments — The FIR and chargesheet are vague and do not constitute any offence — The prosecution is malicious and lacks evidence — Respondent's Arguments — The school was operating without requisite permissions, and the alle India Law Library Docid # 2417334
(760) KRISHNA SHARMA ALIAS KRISHNA KUMAR SHARMA Vs. THE STATE OF WEST BENGAL AND ANOTHER [SUPREME COURT OF INDIA] 24-01-2024 Cancellation of Bail — Non appearance in court due to a traffic jam caused by VIP movements, and his lawyer's Vakalatnama was withdrawn earlier — Whether the non-appearance of the appellant in court is a valid ground for canceling the bail — The appellant argued that his absence was due to unavoidable circumstances and that the parameters for granting and canceling bail are different — The State and the complainant opposed the petition, supporting the cancellation of bail — The Supreme Court set India Law Library Docid # 2417627