(981) SHASHIKANT SHARMA AND OTHERS Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 01-12-2023 Criminal Procedure Code, 1973 (CrPC) - Section 227 - Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Act, 1989 - Sections 3(2)(v) and 14A(1) - Penal Code, 1860 (IPC) - Sections 147, 148, 149, 307, 323, 504 - Attempt to murder - Acquittal - Section 307 IPC has been applied on the basis of the gun shot allegedly fired by the accused, which admittedly did not result into any corresponding injury - There must be an allegation that the accused not being a member of Scheduled Caste India Law Library Docid # 1603770
(982) MOHIT SINGHAL AND ANOTHER Vs. THE STATE OF UTTARAKHAND AND OTHERS [SUPREME COURT OF INDIA] 01-12-2023 Penal Code, 1860 (IPC) - Section 306 - Abetment of Suicide - Acquittal - For Section 306 to apply, act of instigation must be of such intensity that it is intended to push the deceased to such a position under which he or she has no choice but to commit suicide - Such instigation must be in close proximity to the act of committing suicide - In the present case, taking the complaint of the third respondent and the contents of the suicide note as correct, it is impossible to conclude that the appe India Law Library Docid # 1603771
(983) RAM NARESH Vs. STATE OF U.P. [SUPREME COURT OF INDIA] 01-12-2023 Penal Code, 1860 (IPC) - Sections 302 and 34 - Murder - Applicability of Section 34 of the IPC - For applying Section 34 IPC there should be a common intention of all the co-accused persons which means community of purpose and common design - Common intention does not mean that the co-accused persons should have engaged in any discussion or agreement so as to prepare a plan or hatch a conspiracy for committing the offence - Common intention is a psychological fact and it can be formed a minute b India Law Library Docid # 1603772
(984) THE KOUSHIK MUTUALLY AIDED COOPERATIVE HOUSING SOCIETY Vs. AMEENA BEGUM AND ANOTHER [SUPREME COURT OF INDIA] 01-12-2023 Briefly stated, the facts are that the appellant herein had filed O.S. No.1144/1988 on the file of the V-Senior Civil Judge, City Civil Court, Hyderabad seeking a decree of specific performance of an agreement to sell dated 26.04.1985. In the said suit, the respondent(s) herein were set ex-parte. Thereafter, an ex-parte decree was passed on 15.02.1999. It is stated that execution proceedings as against the ex-parte decree are still pending before the Executing Court. However, the first responden India Law Library Docid # 1603821
(985) DR. PREMACHANDRAN KEEZHOTH AND OTHERS Vs. THE CHANCELLOR KANNUR UNIVERSITY AND OTHERS [SUPREME COURT OF INDIA] 30-11-2023 Kannur University Act, 1996 - Section 10(9) and Section 10(10) - Re-appointment of Vice-Chancellor - It is the Chancellor who has been conferred with the competence under the Act 1996 to appoint or reappoint a Vice-Chancellor - No other person even the Pro-Chancellor or any superior authority can interfere with the functioning of the statutory authority and if any decision is taken by a statutory authority at the behest or on a suggestion of a person who has no statutory role to play, the same w India Law Library Docid # 1603769
(986) ADDITIONAL TAHSILDAR & ANOTHER Vs. URMILA G. AND OTHERS [SUPREME COURT OF INDIA] 30-11-2023 Kerala Lok Ayukta Act, 1999 - Section 12(1) - Jurisdiction of Lokayukta - Correction of Revenue Records - Lokayukta cannot direct the correction of revenue records - In terms of Section 12(1) of the 1999 Act, Lok Ayukta was not competent to issue positive direction - He can only submit a report with the concerned authority with its recommendations - They only have recommendatory jurisdiction - A Lokayukta or Upa Lokayukta is not appellate or supervisory authority over other competent forums crea India Law Library Docid # 1603778
(987) ELDECO HOUSING AND INDUSTRIES LIMITED Vs. ASHOK VIDYARTHI AND OTHERS [SUPREME COURT OF INDIA] 30-11-2023 Civil Procedure Code, 1908 (CPC) - Order 7 Rule 11 - Rejection of Plaint - No amount of evidence or merits of the controversy can be examined at the stage of decision of the application under Order VII Rule 11 C.P.C. - For invoking clause (d) of Order VII Rule 11 C.P.C., only the averments in the plaint would be relevant - For this purpose, there cannot be any addition or substraction- No amount of evidence can be looked into - The issue on merits of the matter would not be within the realm of t India Law Library Docid # 1603779
(988) BANI AMRIT KAUR Vs. STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 30-11-2023 The predecessor-in-interest of the appellant- Sukhjit Singh (deceased) filed a Suit[4] challenging the first sale deed[5], which was got registered by his father-Gurinder Singh (now deceased). The first sale deed was registered for the land measuring 166 kanals and 15 marlas in favour of Harjit Singh, who subsequently sold 118 kanals and 06 marlas to the State of Punjab (now falling in the State of Haryana), vide second registered sale deed[6] for total consideration of Rs. 14,784/- . The balanc India Law Library Docid # 1603775
(989) SEBASTIAN DOMINIC Vs. K.HARRIS AND OTHERS ETC [SUPREME COURT OF INDIA] 30-11-2023 The appellant herein was working as Reference Assistant in the University[1]. He was promoted to the post of Assistant Librarian vide order dated 06.04.2010 w.e.f. 23.07.2008 as he had requisite qualifications, i.e., MLISC[2] and M.Phil in Library Science from VMU[3]. M.Phil degree was obtained by him in December 2007. A decision was taken by the Academic Council of the University on 03.04.2013 holding that the degrees acquired through Distance Education from VMU cannot be considered for promoti India Law Library Docid # 1603776
(990) M/S BHARAT PETROLEUM CORPORATION LTD. AND ANOTHER Vs. ATM CONSTRUCTIONS PVT. LTD. [SUPREME COURT OF INDIA] 30-11-2023 Civil Procedure Code, 1908 (CPC) - Order 7 Rule 11 and Order 2 Rule 2 - Rejection of plaint - Suit for possession and suit for claiming damages for use and occupation of the property are two different causes of action - There being different consideration for adjudication second suit filed by the respondent claiming damages for use and occupation of the premises was maintainable - Application filed by the appellants for rejection of the plaint was rightly dismissed by the Courts below - However, India Law Library Docid # 1603777
(991) DR. P.N. SHUKLA AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 30-11-2023 Service Law - Higher pay scale - An officer has been granted a higher salary than other individuals in the same job cadre - A single person in same cadre on same post governed by the same set of Rules was cannot granted a higher pay scale solely by relying upon the recommendations made by the Commission. India Law Library Docid # 1603791
(992) MAHALAKSHMI AND OTHERS Vs. THE STATE OF KARNATAKA AND ANOTHER [SUPREME COURT OF INDIA] 30-11-2023 Penal Code, 1860 (IPC) - Sections 498A - Cruelty - Without substantial evidence demonstrating interference or involvement in the marital life of the complainant, it may not be adequate to accuse an individual of committing cruelty under Section 498A of the Indian Penal Code (IPC). India Law Library Docid # 1603792
(993) BANI AMRIT KAUR Vs. STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 30-11-2023 Civil Suit - Challenge to Sale deed - There is no document placed on record by the plaintiff showing his right in the property as on the date when "G" (deceased) got the first sale deed registered in favour of deceased-"S", who is trying to derive title only from the recital in the first sale deed that the property is being sold as a guardian of the minor - There is no pleading or document produced to show that the property in question was ever transferred in his name, in a family partition and India Law Library Docid # 1603793
(994) MANORANJAN ROUT Vs. STATE OF ODISHA[SUPREME COURT OF INDIA] 29-11-2023 Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 20(b)(ii)(C), 25 and 29 — The appellant has been in custody since April 9, 2021— Despite a High Court order to expedite the trial, only 5 out of 25 witnesses have been examined —The main issue is whether the appellant should be granted bail due to prolonged incarceration without significant progress in the trial —The High Court initially granted interim bail for 45 days but concluded that prolonged incarceration without trial progr India Law Library Docid # 2418986
(995) PAVANA DIBBUR Vs. THE DIRECTORATE OF ENFORCEMENT [SUPREME COURT OF INDIA] 29-11-2023 Penal Code, 1860 (IPC) - Section 120B - Prevention of Money Laundering Act, 2002 - Section 3 - Prevention of Money Laundering Act (PMLA) not be applicable to criminal conspiracy under Section 120B of the Indian Penal Code (IPC) unless the conspiracy is specifically related to money laundering - PMLA to be invoked, the conspiracy must have a direct connection to money laundering activities - It is not necessary that a person against whom the offence under Section 3 of the PMLA is alleged, must ha India Law Library Docid # 1603765
(996) VIJAY Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 29-11-2023 Stamp Act 1899 - Section 35 - Evidence Act, 1872 - Section 65 - Unstamped document - Secondary evidence - If a document that is required to be stamped is not sufficiently stamped, then the position of law is well settled that a copy of such document as secondary evidence cannot be adduced - Object of the Stamp Act is to collect proper stamp duty on an instrument or conveyance on which such stamp duty is payable - Section 35 is a provision to cater for the instruments not being properly stamped a India Law Library Docid # 1603766
(997) UNION OF INDIA AND OTHERS Vs. K. SURI BABU AND OTHERS [SUPREME COURT OF INDIA] 29-11-2023 Central Civil Services (Classification, Control and Appeal) Rules, 1965 - Industrial Employment (Standing Orders) Act, 1946 - Section 13B - Disciplinary proceedings - "Standing Orders" being in the nature of special Rules will override any other general Rule including CCA Rules, 1965 - Service conditions of respondents will be governed by the "Standing Orders" as far as the disciplinary proceedings are concerned - Any modification sought to be made to the service conditions of the respondent can India Law Library Docid # 1603780
(998) POP SINGH AND OTHERS Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 29-11-2023 Penal Code, 1860 (IPC) - Sections 148, 149 and 304 - Alteration of sentence - Whether the conviction under 304 (Part-I) is sustainable or requires alteration to 304 (Part-II) - Held, no doubt that there are 09 injuries - However, all the injuries are lacerated wounds and, therefore, they can be caused only by the blunt side of the weapons used - If the appellants had an intention to do away with the deceased, nothing prevented them from assaulting the deceased with the sharp side of the weapons India Law Library Docid # 1603781
(999) VED PAL AND ANOTHER Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 29-11-2023 Penal Code, 1860 (IPC) - Section 376(2) (g), 342 read with Section 34 - Rape - Acquittal - Conviction on based on sole testimony of the prosecutrix - In the evidence of prosecutrix as well as in the evidence of PW2, it has come on record that there are three houses in between the house of the prosecutrix and house of the accused, where the incident is alleged to have taken place - It is clear that even according to the prosecution, the prosecutrix was dragged from her house to the house of accus India Law Library Docid # 1603782
(1000) 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