(861) HARI BABU THOTA[SUPREME COURT OF INDIA] 29-11-2023 Shree Aashraya Infra-Con Limited went into CIRP under the Insolvency and Bankruptcy Code, 2016 [for short “the Code”] and the appellant before us was appointed as the Resolution Professional. The Resolution Professional presented a plan before the National Company Law Tribunal, Bengaluru as propounded by the promoters and approved by the Committee of Creditors [COC] but in terms of the order dated 28.02.2023, the application was dismissed on the ground that the promoters could not have presented India Law Library Docid # 1603794
(862) GOVERNMENT OF NCT OF DELHI Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 29-11-2023 Government of National Capital Territory of Delhi Act 1991 - Sections 41 read with 45A(d) read with 45H(2) - Appointment of Chief Secretary of Government of the National Capital Territory of Delhi (GNCTD) - Power of Central Government - Civil servants are required to be politically neutral and must abide by the directions of the elected arm to give effect to the principle underlying the triple-chain of collective responsibility - Post of a Chief Secretary is uniquely placed - Chief Secretary per India Law Library Docid # 1603795
(863) DIGVIJAYSINH HIMMATSINH JADEJA Vs. THE STATE OF GUJARAT AND OTHERS [SUPREME COURT OF INDIA] 29-11-2023 The examination of the common impugned judgment dated 05.05.2017, passed by the High Court of Gujarat at Ahmedabad in Special Criminal Application (Quashing) No. 4758 of 2015 and Special Criminal Application No.4759 of 2015, allowing and accepting the prayer for quashing of First Information Report[1] No.CR I/2/2015 dated 23.01.2015 registered at Police Station Gandhinagar Zone, District - Gandhinagar, Gujarat, would show that a detailed factual examination and evaluation has been undertaken. We India Law Library Docid # 1603796
(864) SIVAMANI AND DINESH KUMAR Vs. STATE REPRESENTED BY INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 28-11-2023 Penal Code, 1860 (IPC) - Sections 307, 323 and 324 - Attempt to murder - Intention of the accused can be ascertained from the actual injury, if any, as well as from surrounding circumstances - Among other things, the nature of the weapon used and the severity of the blows inflicted can be considered to infer intent - There is no allegation of repeated or severe blows having been inflicted - Even the injuries on complainant and his mother have been found to be simple in nature, which is an additi India Law Library Docid # 1603761
(865) VISHNU KUMAR SHUKLA AND ANOTHER Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 28-11-2023 Criminal Procedure Code, 1973 (CrPC) - Sections 482, 378 and 407 - Penal Code, 1860 (IPC) - Sections 448, 454 and 380 - Theft - Discharge application - When coupled with the fact that the police did not find any offences having been made out against the appellants under Sections 454 and 380, IPC, the case against the appellants under Section 448, IPC finds itself on shaky ground - There is no suspicion, much less strong or grave suspicion that the appellants are guilty of the offence alleged - I India Law Library Docid # 1603762
(866) PAVNESH KUMAR Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 28-11-2023 Service Law - Promotion to Post of Sub-Inspector General Duty (GD) - Medically unfit - Appellant was working as a constable with the Border Security Force (BSF) - Review of decision declaring medically unfit - No doubt appointment to a higher post of an incumbent working on lower post is in the form of an accelerated promotion but it cannot be equated with normal mode of promotion - This is evident from the advertisement itself which in unequivocal terms states that applications are invited for India Law Library Docid # 1603763
(867) JAIVEER SINGH AND OTHERS Vs. THE STATE OF UTTARAKHAND AND OTHERS RESPONDENT[SUPREME COURT OF INDIA] 28-11-2023 Right of Children to Free and Compulsory Education Act, 2009 - Section 23(1) - Appointment of teachers for Class I to VIII - Government cannot amend or supersede statutory rules by administrative instructions, but if the rules are silent on any particular point, it can fill up the gaps and supplement the rules and issue instructions not inconsistent with the rules already framed - An authority cannot issue orders/office memorandum/executive instructions in contravention of the statutory rules - India Law Library Docid # 1603764
(868) ABHISHEK SAXENA Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 28-11-2023 Penal Code, 1860 (IPC) – Sections 323, 384, and 406 - The chargesheet filed against appellant did not contain sufficient evidence to establish the ingredients of the alleged offences - Specifically, there was no evidence to support the allegation that he caused hurt to the complainant (his wife) - The allegation of extortion was also unsubstantiated, as there was no evidence that he put the complainant in fear of injury or dishonestly induced her to part with her property - he charge of criminal India Law Library Docid # 1603846
(869) BENNY D’SOUZA AND OTHERS Vs. MELWIN D’SOUZA AND OTHERS[SUPREME COURT OF INDIA] 24-11-2023 Civil Procedure Code, 1908 (CPC) — Order 41 Rule 17 — Application of Order 41 Rule 17 CPC — The Court clarified that when an appellant fails to appear on the day fixed for the hearing of an appeal, the appropriate course of action under Order XLI Rule 17(1) of the Code of Civil Procedure (CPC) is for the court to dismiss the appeal for default, not on merits — The India Law Library Docid # 2417371
(870) NABABUDDIN @ MALLU @ ABHIMANYU Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 24-11-2023 Criminal Procedure Code, 1973 (CrPC) - Section 313 - Narcotic Drug and Psychotropic Substances Act, 1985 (NDPS) - Section 15 - Conviction and sentence - Sustainability of - Non-examination of accused - Possession of 205 kilograms Poppy Straw without any licence or permit - A serious and material illegality committed by the Court as the examination of the appellant- accused was not made under Section 313 of CrPC - It will be unjust to subject the appellant to further examination under Section 313 India Law Library Docid # 1603760
(871) MARIAPPAN Vs. STATE REP. BY INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 24-11-2023 Penal Code, 1860 (IPC) - Sections 302 and 304-I - Alteration of sentence - Act of killing the deceased happened during a fit of anger in the heat of a passionate verbal quarrel and would fall under Exception 4 to Section 300 IPC - Conviction under Section 302 IPC is Converted to Section 304 Part-I - Appeal partly allowed. India Law Library Docid # 1603783
(872) NEW INDIA ASSURANCE CO. LTD. AND OTHERS Vs. M/S. MUDIT ROADWAYS [SUPREME COURT OF INDIA] 24-11-2023 Customs Act, 1962 - Sections 22 and 23 - Abatement and remission of duty - Privileges enshrined in Sections 22 and 23 of the Customs Act, pertaining to abetment and remission, extend exclusively to those classified as 'importers' of insured goods. India Law Library Docid # 1603758
(873) SURESH AND OTHERS Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 24-11-2023 Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 420 and 120B - Essential Commodities Act, 1955 - Sections 3 and 7 - Quashing of FIR - Mixing hydrocarbons in different proportions by using mixing machines create a mixture that looks exactly like petrol and diesel - Non-production an expert's report - In the absence of the report, taking the charge sheet as it is, no material is placed on record to show that the liquid in the tanker was neither diesel nor pe India Law Library Docid # 1603759
(874) PUBLIC INTEREST COMMITTEE FOR SCHEDULING SPECIFIC AREAS AND ANR – PETITIONERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 23-11-2023 The jurisdiction of this Court under Article 32 of the Constitution has been invoked in two petitions. The first of those petitions seeks a direction for the grant of proportional representation for the Scheduled Tribes in the House of the People and in the Legislative Assemblies of West Bengal and Sikkim in terms of the mandate of Articles 330 and 332 of the Constitution. India Law Library Docid # 1603833
(875) BAJAJ ALLIANCE GENERAL INSURANCE CO. LTD Vs. RAMBHA DEVI[SUPREME COURT OF INDIA] 22-11-2023 This reference before the Constitution Bench arises in pursuance of an order dtd. 8/3/2022 of a Bench of three-Judges. The three-Judge Bench was in turn hearing a reference by two-Judges which was made on 3/5/2018. The primary issue which has been referred to the Constitution Bench is whether a person holding a driving licence in respect of a light motor vehicle could on the strength of the licence be entitled to drive a transport vehicle of light motor vehicle class having unladen weight not ex India Law Library Docid # 1884118
(876) SHAH ORIGINALS Vs. COMMISSIONER OF INCOME TAX-24, MUMBAI [SUPREME COURT OF INDIA] 21-11-2023 Income Tax Act, 1961 – Section 80HHC – Claim for deduction - The controversy between the assessee and the Revenue is whether the profit earned on the foreign exchange falls under business income or income from other sources, the interpretation of Clause (baa) in Section 80 HHC is not attracted to the case on hand - Hence, for the reasons, This Court holds that the gain from foreign exchange fluctuations from the EEFC account does not fall within the meaning of “derived from” the export of garmen India Law Library Docid # 1603750
(877) PAWAN KUMAR Vs. STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 21-11-2023 Juvenile Justice (Care and Protection of Children) Act, 2000 – Section 16 - Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 25 - Juvenile Justice (Care and Protection of Children) Rules, 2007 - Rule 12 - Penal Code, 1860 (IPC) – Sections 302 and 307 read with Section 34 – Murder – Premature release of co-accused’s under the remission policy of the State - Plea of juvenility by the appellant-accused - Both the trial court and the appellate court, following an inquiry, have India Law Library Docid # 1603751
(878) NANHE Vs. STATE OF U.P. [SUPREME COURT OF INDIA] 21-11-2023 Penal Code, 1860 (IPC) – Sections 86, 302, 304 and 308 – Arms Act, 1959 – Section 25 –Murder – Reduction of Sentence - The appellant's counsel argues that the appellant did not intend to kill the deceased; the death was accidental - It is contended that the appellant, heavily intoxicated at the time, was not in control of his actions and suggests that the case should be categorized under Part II of Section 304 rather than Section 302 – Held, the appellant may have accidentally caused the death o India Law Library Docid # 1603752
(879) RAMKRISHNA FORGINGS LIMITED Vs. RAVINDRA LOONKAR, RESOLUTION PROFESSIONAL OF ACIL LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 21-11-2023 Insolvency and Bankruptcy Code, 2016 – Section 31(1) and 31(2) - Re-valuation of the assets of the Corporate Debtor - Fair value of the assets - Adjudicating Authority has jurisdiction only under Section 31(2) of the Code, which gives power not to approve only when the Resolution Plan does not meet the requirement laid down under Section 31(1) of the Code, for which a reasoned order is required to be passed - NCLT’s jurisdiction and powers as the Adjudicating Authority under the Code, flow only India Law Library Docid # 1603753
(880) MOTURU NALINI KANTH Vs. GAINEDI KALIPRASAD (DEAD, THROUGH LRS.) [SUPREME COURT OF INDIA] 20-11-2023 Hindu Adoptions and Maintenance Act, 1956 - Section 16 - Adoption Deed - Mere signature or thumb impression on a document is not adequate to prove the contents thereof but, in a case where a person who has given his son in adoption appears in the witness box and proves the validity of the said document, the Court ought to accept the same taking into consideration the presumption under Section 16 of the Act of 1956 India Law Library Docid # 1603743