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(61) NUSRAT PARWEEN Vs. STATE OF JHARKHAND [SUPREME COURT OF INDIA] 10-12-2024
Penal Code, 1860 (IPC) — Section 302 — Murder — Circumstantial evidence including a property dispute and the theory of last seen together — The main issues were whether the prosecution proved the motive and the theory of last seen together beyond reasonable doubt — The appellants argued that there was no direct evidence of their presence during the crime and no proof of the alleged complaint by deceased — The State contended that the circumstantial evidence pointed to their guilt — The Supreme
India Law Library Docid # 2420661

(62) STATE OF ODISHA AND OTHERS Vs. DILIP KUMAR MOHAPATRA [SUPREME COURT OF INDIA] 10-12-2024
Service Law — Termination — Respondent was engaged as a Computer Technician for a one-year term by the Odisha State Government, was terminated prematurely in 2002 — He contested the termination, alleging lack of natural justice and unequal treatment compared to reinstated colleagues — State argues that termination was valid under temporary employment terms, and comparisons with other employees were irrelevant — Respondent contends that termination was arbitrary and unjustified, violating natural
India Law Library Docid # 2420662

(63) LT. COL. SUPRITA CHANDEL Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 09-12-2024
Principle of Parity and Non-Discrimination — The court reiterates the well-established legal principle that where a court grants a declaration or relief to a class of individuals, similar relief should be extended to all others similarly situated without the need for them to initiate separate legal proceedings.
India Law Library Docid # 2420554

(64) STATE OF MAHARASHTRA AND OTHERS Vs. PRADEEP YASHWANT KOKADE AND ANOTHER [SUPREME COURT OF INDIA] 09-12-2024
Delay in Execution of Death Sentence — Undue and Inordinate Delay — The Court reaffirmed that undue, unexplained, and inordinate delay in executing a death sentence can entitle the convict to approach the Court under Article 32.
India Law Library Docid # 2420560

(65) TEJ BHAN (D) THROUGH LR. AND OTHERS Vs. RAM KISHAN (D) THROUGH LRS. AND OTHERS [SUPREME COURT OF INDIA] 09-12-2024
Hindu Succession Act, 1956 — Section 14 — Property of a female Hindu to be her absolute property — Whether a Hindu female's possession of property, especially through a will, triggers Section 14(1) or Section 14(2) — The Supreme Court aims to resolve this ambiguity through a larger bench judgment
India Law Library Docid # 2420561

(66) NATIONAL HIGHWAY AUTHORITY OF INDIA Vs. G ATHIPATHI AND OTHERS [SUPREME COURT OF INDIA] 09-12-2024
Service Law — Deputation Service — Employees on deputation should be aware that their service period may not be considered for future promotions if they are repatriated and later join on direct recruitment.
India Law Library Docid # 2420562

(67) P.J. DHARMARAJ Vs. CHURCH OF SOUTH INDIA AND OTHERS [SUPREME COURT OF INDIA] 06-12-2024
Service Law — Retirement Age and the applicability of regulatory amendments in private, minority educational institutions affiliated with state universities — State-Specific Regulations Prevail — The court held that when a state government has not adopted amended regulations increasing the superannuation age, such amendments do not automatically apply to institutions within that state, even if they are governed by central regulatory bodies
India Law Library Docid # 2420542

(68) KUNHIMUHAMMED@ KUNHEETHU Vs. THE STATE OF KERALA [SUPREME COURT OF INDIA] 06-12-2024
Penal Code, 1860 (IPC) — Sections 302, 324 and 326 — Murder — Intent for Murder — The Court reaffirmed that intent for murder can be inferred from the circumstances of the incident, including the nature of injuries and the choice of weapon, even if there was no prior premeditation.
India Law Library Docid # 2420543

(69) BASUDEV DUTTA Vs. THE STATE OF WEST BENGAL AND OTHERS [SUPREME COURT OF INDIA] 05-12-2024
Service Law — Termination — Service Benefits — The Supreme Court held that the appellant is likely an Indian citizen based on his father's migration certificate — The Court found that the termination of his service was arbitrary and violated natural justice principles, as he was not given an opportunity to defend himself — The Court directed that appellant be entitled to all unpaid service benefits and issued a general direction for timely police verification in government appointments.
India Law Library Docid # 2420544

(70) KABIR SHANKAR BOSE Vs. STATE OF WEST BENGAL AND OTHERS [SUPREME COURT OF INDIA] 04-12-2024
Constitution of India, 1950 — Article 21 — Right to Fair Investigation — The Court emphasizes that the petitioner has a fundamental right to a fair investigation and trial, which is inherently linked to the right to life and personal liberty under Article 21 of the Constitution of India.
India Law Library Docid # 2420466

(71) IRFAN KHAN Vs. STATE (NCT OF DELHI) [SUPREME COURT OF INDIA] 03-12-2024
Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as "manufacture, sale, or possession for sale or test."
India Law Library Docid # 2420410

(72) WADLA BHEEMARAIDU Vs. STATE OF TELANGANA [SUPREME COURT OF INDIA] 03-12-2024
Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused's disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples.
India Law Library Docid # 2420411

(73) OACHIRA PARABRAHMA TEMPLE AND ANOTHER Vs. G. VIJAYANATHAKURUP AND OTHERS [SUPREME COURT OF INDIA] 03-12-2024
Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple's Bye-laws and customs —Legality of appointing an unelected committee and removing the
India Law Library Docid # 2420412

(74) UNION OF INDIA AND OTHERS Vs. SAROJ DEVI [SUPREME COURT OF INDIA] 03-12-2024
Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier's death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a 'Battle Casualty' — This expands the interpretation of what
India Law Library Docid # 2420413

(75) HARE RAM YADAV Vs. STATE OF BIHAR [SUPREME COURT OF INDIA] 03-12-2024
Penal Code, 1860 (IPC) — Sections 302 and 304 Part II— Alteration of Sentence — Murder conviction to culpable homicide — The Court established a precedent that in cases involving sudden fights and grave provocations, a conviction under Section 302 can be converted to Section 304 if the circumstances do not indicate premeditation or cruel intent.
India Law Library Docid # 2420553

(76) CENTRAL BUREAU OF INVESTIGATION Vs. JAGAT RAM [SUPREME COURT OF INDIA] 03-12-2024
Prevention of Corruption Act, 1988 — Sections 7, 13(1)(d), 13(2) and 19(1) — Sanction for Prosecution — Statutory Requirement — Section 19(1) mandates prior sanction from the appropriate authority for prosecuting a public servant.

B. Criminal Procedure Code, 1973 (CrPC) — Section 465 — Prevention of Corruption Act, 1988 — Section 19(3) — Scope of Review — Courts can review the sanction order for errors, omissions, or irregularities but cannot set aside the conviction unless it is established
India Law Library Docid # 2420732

(77) ASHOK Vs. STATE OF UTTAR PRADESH[SUPREME COURT OF INDIA] 02-12-2024
Criminal Procedure Code, 1973 (CrPC) — Section 313 — Power to examine the accused — Requirement to Put All Material Circumstances —The Court emphasized that it is the duty of the trial court to put each material circumstance appearing in the evidence against the accused specifically, distinctly, and separately.
India Law Library Docid # 2420403

(78) BASTIRAM Vs. RAJASTHAN STATE ROAD TRANSPORT CORPORATION AND ANOTHER [SUPREME COURT OF INDIA] 02-12-2024
Industrial Disputes Act, 1947 — Compensation as an Alternative Remedy — The court established that in cases where the Civil Court's jurisdiction is questioned, awarding compensation can be an appropriate alternative to deciding the jurisdictional issue outright — This approach resolves the dispute while avoiding protracted legal battles over jurisdiction
India Law Library Docid # 2420551

(79) NUTAN BHARTI GRAM VIDYAPITH Vs. GOVERNMENT OF GUJARAT AND ANOTHER [SUPREME COURT OF INDIA] 02-12-2024
Service Law — Retiral Benefits — Liability of State Government under Grant-in-Aid Schemes — The court firmly established that in cases where an educational institution is receiving Grant-in-Aid from the State, the liability to provide retiral benefits to its employees as per the applicable scheme lies primarily with the State Government —This clarifies that the financial obligations under the pension scheme are not transferred to the aided institution merely because it receives funding from the
India Law Library Docid # 2420552

(80) KAMARUDDIN DASTAGIR SANADI Vs. STATE OF KARNATAKA THROUGH SHO KAKATI POLICE [SUPREME COURT OF INDIA] 29-11-2024
Penal Code, 1860 (IPC) — Sections 306 and 417 — Abetment to Suicide — Mens Rea Requirement — The Court reiterates that for a conviction under Section 306 IPC, there must be clear mens rea on the part of the accused to abet the suicide — Merely causing discord or having a broken relationship is not sufficient.
India Law Library Docid # 2420254