(821) 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
(822) 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
(823) 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
(824) 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
(825) 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
(826) 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
(827) 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
(828) 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
(829) 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
(830) PRAKASHCHANDRA JOSHI Vs. KUNTAL PRAKASHCHANDRA JOSHI @ KUNTAL VISANJI SHAH [SUPREME COURT OF INDIA] 24-01-2024 Constitution of India, 1950 - Article 142 - Dissolution of marriage on the ground of irretrievable breakdown of marriage - Parties were Indian citizens by birth but later acquired citizenship in Canada - Parties are residing separately since February, 2011 and there have been no contact whatsoever between them during this long period of almost 13 years - Wife is not even responding to the summons issued by the courts - It seems she is no longer interested in continuing the marital relations with India Law Library Docid # 1603887
(831) RAJA NAYKAR Vs. STATE OF CHHATTISGARH [SUPREME COURT OF INDIA] 24-01-2024 Penal Code, 1860 (IPC) - Sections 302 and 201 read with 120B - Murder - Acquittal - Only circumstance that may be of some assistance to the prosecution case is the recovery of dagger at the instance of Accused - In any case, the blood found on the dagger does not match with the blood group of the deceased - Sole circumstance of recovery of blood-stained weapon cannot form the basis of conviction unless the same was connected with the murder of the deceased by the accused - Only on the basis of s India Law Library Docid # 1603888
(832) CENTRAL BUREAU OF INVESTIGATION Vs. KAPIL WADHAWAN AND ANOTHER [SUPREME COURT OF INDIA] 24-01-2024 Criminal Procedure Code, 1973 (CrPC) - Section 173(2) - Penal Code, 1860 (IPC) - Section 120-B read with Section 409, 420 and 477A - Prevention of Corruption Act, 1988 - Section 13(2) read with Section 13(1)(d) - Default Bail - Accused persons siphoned off and misappropriated a significant portion of the funds by falsifying the books of account of DHFL and deliberately and dishonestly defaulted on repayment of the legitimate dues of the said consortium banks, and thereby caused a wrongful loss o India Law Library Docid # 1603889
(833) T.N. GODAVARMAN THIRUMULPAD AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 24-01-2024 Identification of Private Forests - Modification of criteria - Existing criteria for identification of private forests in the State of Goa are adequate and valid, hence, they require no alteration - Ministry of Environment, Forest & Climate Change guidelines, as well as the Scheduled Tribes & other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, are clear and unambiguous, as they have exempted the application of the Forest Conservation Act, 1980, on areas that are less than India Law Library Docid # 1603890
(834) RANI CHANDER KANTA (D) THR. LRS. AND OTHERS Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 24-01-2024 Displaced Person (Compensation and Rehabilitation) Act, 1954 - Sections 5, 22 and 25 - Review and amendment of orders - Section 25 of the 1954 Act, which provides for review of the orders passed under the Act, mentions that any person aggrieved by an order of Settlement Officer under Section 5, from which no appeal is allowed under Section 22, may, within thirty days from the date of the order, file a review petition - It further provides that a clerical or arithmetical error in any order passed India Law Library Docid # 1603907
(835) PETER VAN GEIT Vs. THE STATE REP. BY INSPECTOR OF POLICE AND ANOTHER [SUPREME COURT OF INDIA] 23-01-2024 Penal Code, 1860 (IPC) — Sections 326, 337 338 and 304(2) — Tamil Nadu Forest Act, 1882 — Section 21(d) — The appellant, a Belgian citizen and head of the Chennai Trekking Club, was charged in connection with the deaths of 13 people in a forest fire during a trekking expedition on 11.03.2018 — Whether the charges under Sections 304A and 338 of the IPC against the appellant were valid, given the deaths were caused by a forest fire, an act of vis major — The appellant argued that there was no negl India Law Library Docid # 2417335
(836) ADV BABASAHEB WASADE AND OTHERS Vs. MANOHAR GANGADHAR MUDDESHWAR AND OTHERS [SUPREME COURT OF INDIA] 23-01-2024 Societies Registration Act, 1860 - Section 15 - Defaulting Member - Notice for meeting of election - A clear reading and interpretation of the proviso to Section 15 of the Societies Registration Act, 1860 would disentitle such defaulting members from being given any notice even if their membership was not terminated or ceased - However, the effect of the proviso to Section 15 of the Registration Act which admittedly is applicable to the Society, the Objectors have to be treated as suspended memb India Law Library Docid # 1603884
(837) M/S MANGALAM PUBLICATIONS, KOTTAYAM Vs. COMMISSIONER OF INCOME TAX, KOTTAYAM [SUPREME COURT OF INDIA] 23-01-2024 Income Tax Act, 1961 - Sections 139 and 147 - A return filed without the regular balance sheet and profit and loss account may be a defective one but certainly not invalid - A defective return cannot be regarded as an invalid return - Assessing officer has the discretion to intimate the assessee about the defect(s) and it is only when the defect(s) are not rectified within the specified period that the assessing officer may treat the return as an invalid return - Ascertaining the defects and int India Law Library Docid # 1603885
(838) ATAMJIT SINGH Vs. STATE (NCT OF DELHI) AND ANOTHER [SUPREME COURT OF INDIA] 22-01-2024 Criminal Procedure Code, 1973 – Section 482 - Negotiable Instruments Act, 1881 – Section 138 – Dishonour of Cheque – Appellant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, due to a dishonored cheque worth Rs.20,00,000 issued by Respondent No. 2. - The High Court quashed the summoning order on the basis that the underlying debt was time-barred, raising the question of whether this decision was justified - The Appellant argued that the debt was acknowledged by the i India Law Library Docid # 1882505
(839) ATAMJIT SINGH Vs. STATE (NCT OF DELHI) AND ANOTHER [SUPREME COURT OF INDIA] 22-01-2024 This is an appeal instituted at the instance of the original complainant of a complaint lodged under inter alia Section 138 of the Negotiable Instruments Act, 1881 (the NI Act) (the Underlying Complaint) assailing an order dated 06.09.2022 passed by the High Court of Delhi (the High Court) in CRL. M.C. No. 556 of 2019 whereunder the High Court quashed an order dated 03.08.2017 passed by the Metropolitan Magistrate -10, South-East, Saket Court (the Trial Court) summoning Mr. Amrit Sandhu Coaster/ India Law Library Docid # 1882517
(840) MARIAM FASIHUDDIN AND ANOTHER Vs. STATE BY ADUGODI POLICE STATION AND ANOTHER [SUPREME COURT OF INDIA] 22-01-2024 Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 420, 468, 471 read with Section 34 - Passports Act, 1967 - Section 12(b) - Quashing of FIR - Wife forged her husband's signatures in order to obtain a passport for their minor child - In order to attract the provisions of Section 420 IPC, the prosecution has to not only prove that the accused has cheated someone but also that by doing so, he has dishonestly induced the person who is cheated to deliver property India Law Library Docid # 1603881