(961) SARASWATHI (DEAD) BY LRS. AND OTHERS Vs. S.A. PALANISAMY AND OTHERS [SUPREME COURT OF INDIA] 07-02-2024 Pending the appeal, the parties themselves have settled the matter imbibing the spirit of the suggestion in that regard by this and produced a Settlement Agreement dated 05.10.2023. The same, produced along with their affidavits in I.A. No.216386/2023 dated 15.10.2023, is taken on record. The parties have also appeared before us through virtual mode. They would endorse the factum of Settlement of dispute involved in the instant case. Obviously, the Settlement Agreement would reveal that all the India Law Library Docid # 1882475
(962) CHANDIGARH HOUSING BOARD Vs. TARSEM LAL [SUPREME COURT OF INDIA] 07-02-2024 Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979 – Regulation 25 - Reservation of Dwelling units or Flats – The Chandigarh Housing Board issued an advertisement for allotment of houses reserved for Scheduled Castes and Tribes. The respondent, belonging to a Scheduled Tribe recognized in Rajasthan, applied for a house in Chandigarh - The main issue was whether the respondent could benefit from the reservation in Chandigarh despite there being no Presidentia India Law Library Docid # 1882511
(963) SUDHIR VILAS KALEL AND OTHERS Vs. BAPU RAJARAM KALEL AND OTHERS [SUPREME COURT OF INDIA] 07-02-2024 Maharashtra Village Panchayat Act, 1959 - Section 10-1A - Maharashtra Temporary Extension of Period for Submitting Validity Certificate (for certain elections to Village Panchayats, Zilla Parishads and Panchayat Samitis) Act, 2023 - Sections 3 and 4 - Disqualification of Candidate as a Member of Panchayat - Candidate stood automatically disqualified as a Member since he failed to produce the Validity Certificate within 12 months from the date of his election - The protective umbrella of Section India Law Library Docid # 1603915
(964) KISHORE AND OTHERS Vs. STATE OF PUNJAB [SUPREME COURT OF INDIA] 07-02-2024 Penal Code, 1860 (IPC) - Section 460, 302 read with Section 149 - Murder - Acquittal - As regards the offence punishable under Section 460 of the IPC, there was no specific role attributed to any of the accused and all of them have been convicted only with the aid of Section 149 of the IPC - It is established that there was no unlawful assembly as two out of five accused have been acquitted. The High Court could have altered the charge by applying Section 34 instead of Section 149 of the IPC, bu India Law Library Docid # 1603916
(965) GURWINDER SINGH Vs. STATE OF PUNJAB AND ANOTHER [SUPREME COURT OF INDIA] 07-02-2024 Criminal Procedure Code, 1973 (CrPC) - Section 439 - Penal Code, 1860 (IPC) - Sections 124A, 153A, 153B and 120-B - Unlawful Activities (Prevention) Act, 1967 - Sections 17, 18 and 19 - Arms Act, 1959 - Sections 25 and 54 - Bail - Hanging pro-Khalistan banners at Amritsar flyover - Mere delay in trial pertaining to grave offences as one involved in the instant case cannot be used as a ground to grant bail - Material available on record indicates the involvement of the appellant in furtherance of India Law Library Docid # 1603917
(966) STATE OF PUNJAB Vs. GURPREET SINGH AND OTHERS [SUPREME COURT OF INDIA] 06-02-2024 Penal Code, 1860 (IPC) – Sections 302 and 34 – Murder – The case involves an appeal against the acquittal of four individuals by the High Court in a murder case under Section 302 IPC - The incident occurred in Punjab, where the complainant's wife was shot dead, allegedly by the main accused, ‘G’, who is the ex-husband of the complainant's daughter - The Supreme Court considered whether the High Court's acquittal was justified and if there was a need for intervention under Article 136 of the Cons India Law Library Docid # 1882338
(967) J. DOUGLAS LUIZ Vs. MANIPAL HOSPITAL[SUPREME COURT OF INDIA] 06-02-2024 The appellant is aggrieved by the common impugned judgment and order dtd. 15/11/2017 passed by the National Consumer Disputes Redressa [For short NCDRC] Commission, New Delhi1 whereby the revision petitions [Revision Petition No.3766 of 2007 and 2300 of 2008] filed by the sole appellant and the respondent were dismissed while upholding the common order dtd. 24/8/2007 [In Appeals No.1479/2006 and 1481/2006] by the Karnataka State Consumer Disputes Redressal Commission, Bangalore [For short the St India Law Library Docid # 1883047
(968) LALIT CHATURVEDI & OTHERS Vs. STATE OF UTTAR PRADESH[SUPREME COURT OF INDIA] 06-02-2024 First Information Report(For short FIR) No. 287/2019 for the offence(s) punishable under Ss. 406 and 506 of the Indian Penal Code, 1860(For short IPC) was registered on 30/8/2019 with Police Station - Hapur Dehat, District - Hapur, Uttar Pradesh vide the complaint made by Sanjay Garg, who is respondent no. 2 in the present appeal. The relevant portion of the complaint, as converted into the FIR, reads as under:- Sir, it is submitted that the applicant is the proprietor/owner of the firm Garg Tim India Law Library Docid # 1884125
(969) JAGMOHAN AND ANOTHER Vs. BADRI NATH AND OTHERS [SUPREME COURT OF INDIA] 06-02-2024 Punjab Pre-emption Act, 1913 - Section 8(2) - Right to pre-emption - It has been issued in exercise of powers conferred under Section 8(2) of the 1913 Act, which enables the State Government to declare by notification either no right of pre-emption or only limited right will exist in any local area or with respect to any land or property or class of land or property - Notification provides that right of pre-emption shall not exist in respect of sale of land falling in the areas of municipalities India Law Library Docid # 1603911
(970) VELTHEPU SRINIVAS AND OTHERS Vs. STATE OF ANDHRA PRADESH (NOW STATE OF TELANGANA) AND ANOTHER [SUPREME COURT OF INDIA] 06-02-2024 Penal Code, 1860 (IPC) - Sections 34, 302 and 304-II - Murder - Alteration of sentence - Section 302 to Section 304 Part II - Perusal of the evidence would reveal that it is not the case of the prosecution that A-3 was along with the other accused while the deceased was dragged to the house - Deposition would reveal that after the other accused assaulted the deceased with sword, A-3 came thereafter and assaulted the deceased with stone lying there - Prosecution has not been in a position to est India Law Library Docid # 1603912
(971) KULDEEP KUMAR Vs. U.T. CHANDIGARH[SUPREME COURT OF INDIA] 05-02-2024 The Returning Officer shall remain present before this Court on the next date of listing to explain his conduct as it appears in the video. Prima facie, at this stage, we are of the considered view that an appropriate interim order was warranted, which the High Court has failed to pass, in order to protect the purity and sanctity of the electoral process. We direct that the entire record pertaining to the election of the Mayor of the Chandigarh Municipal Corporation shall be sequestered under th India Law Library Docid # 1883044
(972) KRISHNA Vs. TEK CHAND[SUPREME COURT OF INDIA] 05-02-2024 Petitioners counsel placed reliance on the judgment of this Court in the case of Helen C. Rebello (Mrs.) & Ors. v. Maharashtra State Road Transport Corporation and Anr. [(1999) 1 SCC 90] to contend that the monetary benefit received by the family of the deceased-employee under the provisions of the Motor Vehicles Act, 1988, cannot be reduced in terms of the amount received under Haryana Compassionate Assistance to Dependents of Deceased Government Employees, Rules, 2006 (the Rules, 2006, for sho India Law Library Docid # 1883048
(973) THIRU. K.K.S.S.R. RAMACHANDRAN Vs. STATE REP. BY: THE ADDITIONAL SUPERINTENDENT OF POLICE AND OTHERS [SUPREME COURT OF INDIA] 05-02-2024 Suo motu jurisdiction exercised by a Single Judge of the Madras High Court without prior approval from the Chief Justice — Whether the Single Judge could exercise suo motu jurisdiction without the Chief Justice's prior approval — The petitioner argued that the Single Judge did not have the authority to exercise suo motu jurisdiction without the Chief Justice's approval, citing Rule xiv of the Criminal Rules Committee on Special Courts for Trial of Criminal Cases involving MP/MLAs — The responden India Law Library Docid # 2417322
(974) SRI L.V. SUBRAHMANYAM, IAS, PRINCIPAL SECRETARY, MEDICAL AND HEALTH DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH Vs. THE REGISTRAR GENERAL, HIGH COURT OF JUDICATURE AT HYDERABAD, FOR THE STATE OF TELANGANA AND FOR THE STATE OF ANDHRA PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 05-02-2024 Contempt of Court — The main issue is whether the delay in complying with a court order constitutes contempt of court — The Supreme Court quashed the High Court's orders, stating that mere delay without deliberate or willful intent does not attract the provisions of the Contempt of Courts Act — The appeals were allowed, and the impugned orders were set aside. India Law Library Docid # 2417323
(975) BHAGGI @ BHAGIRATH @ NARAN Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 05-02-2024 Penal Code, 1860 (IPC) - Section 376AB - Rape with a 7 year old girl in temple - Petitioner-convict was aged 40 years on the date of occurrence and he took the victim to a temple, unmindful of the holiness of the place disrobed her and himself and then committed the crime - The fact he had not done it brutally will not make its commission non-barbaric - When the words 'barbaric' and 'brutal' are used simultaneously they are not to take the character of synonym, but to take distinctive meanings - India Law Library Docid # 1603913
(976) UNION OF INDIA AND OTHERS Vs. M/S. B. T. PATIL AND SONS BELGAUM (CONSTRUCTION) PVT. LTD. [SUPREME COURT OF INDIA] 05-02-2024 Customs Act, 1962 - Sections 27A and 75A - Interest on drawback - Exim Policy, 1992-1997 - Under sub-section (1) of Section 75A of the Customs Act, where duty drawback is not paid within a period of three months from the date of filing of claim, the claimant would be entitled to interest in addition to the amount of drawback - This section provides that the interest would be at the rate fixed under Section 27A from the date after expiry of the said period of three months till the payment of such India Law Library Docid # 1603914
(977) RAJASEKAR Vs. THE STATE REP. BY THE INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 05-02-2024 Protection of Children from Sexual Offences Act, 2012 - Sections 3(a) and 4 - Penetrative sexual assault on victim girl, on the promise of marrying her - At the time of the offence, victim girl is aged 16 years and the accused made her pregnant and subsequently, gave birth to a child - Aim of the POSCO Act, is to protect the children from sexual offences - To ensure that the tender age of the children are not to be abused and the childhood and youth are protected against the exploitations and th India Law Library Docid # 1603922
(978) ABDUL JABBAR Vs. THE STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 05-02-2024 Penal Code, 1860 (IPC) - Sections 323 and 325 - Grievous injury - Reduction of sentence - Incident occurred in 2010 - Appellant-accused has undergone almost 1/3rd of his sentence i.e., a period extending to 1 (one) month; and 3 (three) days - Appellant was made to suffer the agony of a protracted trial spanning over 13 (thirteen) years - Taking into consideration the totality of circumstances, coupled with the fact that underlying incident occurred in 2010, the appeal is allowed in part and the India Law Library Docid # 1603923
(979) MAMIDI ANIL KUMAR REDDY Vs. THE STATE OF ANDHRA PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 05-02-2024 Penal Code, 1860 (IPC) - Sections 420, 498A and 506 - Dowry Prohibition Act, 1961 - Sections 3 and 4 - Quashing of criminal proceedings - Phenomenon of false implication by way of general omnibus allegations in the course of matrimonial disputes is not unknown to this Court - A bare perusal of the complaint, statement of witnesses’ and the charge-sheet shows that the allegations against the Appellants are wholly general and omnibus in nature; even if they are taken in their entirety, they do not India Law Library Docid # 1603924
(980) HAALESH Vs. STATE OF KARNATAKA[SUPREME COURT OF INDIA] 02-02-2024 In Sessions Case No. 25 of 2000 out of the nine accused, seven accused persons (A-1 to A-7) were convicted for various offences and were sentenced to undergo imprisonment for different period with a maximum of life imprisonment for an offence under Sec. 302 in aid with Sec. 149 IPC and remaining two accused persons i.e. (A-8 and A-9) were acquitted. Accused Nos. 1, 2 and 3 accepted the judgment of the Trial Court and did not file any appeal against it. Accused Nos. 4, 5 and 6 together filed a Cr India Law Library Docid # 1883037