(961) M LUCY RANI AND OTHERS Vs. SIDDABLOINA LAXMINARAYANA AND OTHERS [SUPREME COURT OF INDIA] 08-06-2023 The appellants have assailed the correctness of judgment and order dated 29.04.2014 passed by Division Bench of the High Court of Judicature for the State of Telangana and State of Andhra Pradesh whereby the writ petitions were allowed and the order dated 28.11.2011 passed by the Andhra Pradesh Administrative Tribunal at Hyderabad in a batch of applications (leading case O.A.No.283 of 2010) India Law Library Docid # 1603329
(962) UNION OF INDIA AND OTHERS Vs. GHAMMAN SINGH [SUPREME COURT OF INDIA] 07-06-2023 Service Law - Arrears of salary - Respondents would not be entitled to any arrears they have already been extended benefit of promotion and notional fixation of their salary has also been made. India Law Library Docid # 1603316
(963) AMOL BHASKARRAO WAGHMARE Vs. STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 07-06-2023 Penal Code, 1860 (IPC) - Sections 302 and 307 read with Section 34 - Criminal Procedure Code, 1973 (CrPC) - Section 313 - Murder - Acquittal - Solely based on a stray reference to appellant in crossexamination of the witness, his conviction was unwarranted - There also no specific role has been attributed to the appellant and it is a general accusation along with the other persons implicated in the subjectoffences India Law Library Docid # 1603324
(964) R VARATHARAJAN Vs. RAMASAMY [SUPREME COURT OF INDIA] 05-06-2023 Negotiable Instruments Act, 1881 - Section 138 - Dishonour of cheque - Setting aside of conviction and sentence - Settlement between with parties - Respondents will have no objection as the outstanding amount has already been received by them - Conviction and sentence under Section 138 of the Negotiable Instruments Act is set aside - Appeal allowed. India Law Library Docid # 1603314
(965) GOBIND RAI @ MONU Vs. STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 03-06-2023 False promise of marriage - Horoscope Examination of Rape Victim - Prosecutrix is mangali, therefore, marriage could not be solemnized and the same has been refused - Order passed by the Allahabad High Court which directed the Head of Department (Astrology Department), Lucknow may decide the matter whether the girl is mangali or not is stayed. India Law Library Docid # 1603308
(966) JITENDRA NATH MISHRA Vs. STATE OF U.P. AND ANOTHER [SUPREME COURT OF INDIA] 02-06-2023 Penal Code, 1860 (IPC) - Sections 419, 420, 323, 406 and 506 - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989 - Section 14A(1) - Criminal Procedure Code, 1973 (CrPC) - Section 319 - Summoning order - Quashing of - Assault and hurling caste related abuses - Section 319, Cr. PC, which envisages a discretionary power, empowers the court holding a trial to proceed against any person not shown or mentioned as an accused if it appears from the evidence that such person has c India Law Library Docid # 1603305
(967) GHANSHYAM Vs. YOGENDRA RATHI [SUPREME COURT OF INDIA] 02-06-2023 Transfer of Property Act, 1882 - Section 53A - Possessory rights of the prospective purchaser cannot be invaded by the transferer or any person claiming under him - Legally an agreement to sell may not be regarded as a transaction of sale or a document transferring the proprietary rights in an immovable property but the prospective purchaser having performed his part of the contract and lawfully in possession acquires possessory title which is liable to be protected in view of Section 53A of the India Law Library Docid # 1603306
(968) GEETA Vs. THE PRINCIPAL, RAMNAGAR BHARAT VIDYALYA, RAMNAGAR AND OTHERS [SUPREME COURT OF INDIA] 01-06-2023 Maharashtra Service Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Section 16 - Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 - Rule 8 - Pension - Only qualification was a graduate but not in first class as was the requirement - There is a special equity in favour of the appellant - The reason being that the appellant has continued to work as a Full Time Teacher for 25 long years and has now been superannuated from service - She has dev India Law Library Docid # 1603326
(969) THE STATE OF UTTAR PRADESH AND OTHERS Vs. DINESH KUMAR PANDEY [SUPREME COURT OF INDIA] 01-06-2023 By the impugned judgment and order dated 25.07.2012, the High Court while disposing of a bunch of writ petitions directed the appellants, more particularly the Licensing Authority, to consider the applications of the writ petitioners for grant of fire arm licences in the light of the observations made therein and to pass appropriate orders within two months India Law Library Docid # 1603332
(970) MAMTA DEVI AND OTHERS Vs. THE RELIANCE GENERAL INSURANCE COMPANY LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 19-05-2023 Workmens Compensation Act, 1923 - Section 20(1) and 20(2) - Quantification of compensation - Re-determination - Death in Road Accident - Unchallenged statement of the wife of the deceased who had deposed that her husband was earning Rs. 6,000/- per month deserves to be accepted as gospel truth - Claimant being a widow, the second claimant being the son and the third and the fourth claimants being the parents of the deceased are still awaiting for a reasonable compensation to be awarded - Thus, t India Law Library Docid # 1603309
(971) TATA MOTORS LIMITED Vs. THE BRIHAN MUMBAI ELECTRIC SUPPLY & TRANSPORT UNDERTAKING (BEST) AND OTHERS [SUPREME COURT OF INDIA] 19-05-2023 Powers of judicial review in contractual or commercial matters - While invoking power of judicial review in matters as to tenders or award of contracts, certain special features should be borne in mind that evaluations of tenders and awarding of contracts are essentially commercial functions and principles of equity and natural justice stay at a distance in such matters - If the decision relating to award of contract is bona fide and is in public interest, courts will not interfere by exercising India Law Library Docid # 1603278
(972) CENTRAL GST DELHI - III Vs. DELHI INTERNATIONAL AIRPORT LTD [SUPREME COURT OF INDIA] 19-05-2023 Airports Authority of India Act, 1994 - Section 22A - User development fee collected by the airport operation, maintenance and development entities (i.e., the Mumbai International Airport Pvt. Ltd., the Delhi International Airport Pvt. Ltd., and the Hyderabad International Airport Pvt. Ltd.) is not subjected to service tax levy, under the provisions of the Finance Act, 1994. India Law Library Docid # 1603279
(973) NEVILLE DADI MASTER @ NEVILLE MASTER Vs. THE STATE OF WEST BENGAL AND ANOTHER [SUPREME COURT OF INDIA] 19-05-2023 Penal Code, 1860 (IPC) - Sections 419, 353, 447 and 120B - Discharge - Unlawfully entered the chamber of a civil judge and took photographs of case records from mobile phone - Senior counsel appearing for the appellant fervently urged the Court to allow the appellant to meet the second respondent and tender his unqualified apology for the conduct complained of in the complaint - Bearing in mind that offences under sections 447 and 419 of the Cr. P.C. are compoundable coupled with the satisfactio India Law Library Docid # 1603280
(974) RAMESH CHANDRA VAISHYA Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 19-05-2023 Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 323 and 504 - Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(x) - Quashing of charge-sheet - Voluntarily causing hurt - There is no material worthy of consideration in this behalf except a bald statement that the complainant sustained multiple injuries "in his hand and other body parts" - If indeed the complainant's version were to be believed, the IO ought to hav India Law Library Docid # 1603281
(975) MANSI KHATRI Vs. GAURAV KHATRI [SUPREME COURT OF INDIA] 19-05-2023 Hindu Marriage Act, 1955 - Section 13(1) - Constitution of India, 1950 - Article 142 - Transfer of Divorce Petition - Parties have suffered an irretrievable breakdown of marriage and hence, in order provide complete justice, the this Court exercised the power under Article 142 of the Constitution of India to grant mutual consent divorce to the parties and also closed all cases filed by the parties against each other. India Law Library Docid # 1603282
(976) PRAKASH NISHAD @ KEWAT ZINAK NISHAD Vs. STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 19-05-2023 Penal Code, 1860 (IPC) - Sections 376, 377, 302 and 201 - Death Sentence - Acquittal - Rape and murder of a six-year-old, after committing which he had thrown her body in a drain in an attempt to destroy evidence - DNA evidence by way of a report was present, its reliability is not infallible, especially not so in light of the fact that the uncompromised nature of such evidence cannot be established; and other that cogent evidence as can be seen from our discussion above, is absent almost in its India Law Library Docid # 1603283
(977) THE STATE OF KARNATAKA AND OTHERS Vs. SMT. BHARATHI S. [SUPREME COURT OF INDIA] 19-05-2023 Karnataka Education Department Services (Department of Public Instructions) (Recruitment) Rules, 1967 - Entry 66 - Mere publication of the Additional List does not create any right to be appointed - There is no such mandate in the Rule - Entry 66 of the Rules merely provides that the Selection authority shall prepare and publish an Additional List of candidates not exceeding ten percent of the vacancies and the said list shall cease to operate from the date of publication of notification for sub India Law Library Docid # 1603284
(978) M/S GLOCK ASIA-PACIFIC LTD. Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 19-05-2023 Arbitration and Conciliation Act, 1996 - Sections 11(6), 12 and 12(5) - Appointment of Sole Arbitrator - Arbitration clause which authorises the Secretary, Ministry of Home Affairs, whose relationship with Union of India is that of an employee, to nominate an officer of the Ministry of Law and Justice to act as a Sole Arbitrator, clearly falls within the expressly ineligible category provided in Paragraph 1 of Schedule VII, read with Section 12(5) of the Act - Application under Section 11(6) of India Law Library Docid # 1603285
(979) K C NINAN Vs. KERALA STATE ELECTRICITY BOARD AND OTHERS [SUPREME COURT OF INDIA] 19-05-2023 Electricity Act 2003 - A condition enabling the distribution licensee to insist on the clearance of the arrears of electricity dues of the previous consumer before resuming electricity supply to the premises is valid and permissible under the scheme of the 2003 Act. India Law Library Docid # 1603286
(980) SENTHILBALAJI V. @APPELLLANT Vs. A.P. GEETHA AND OTHERS [SUPREME COURT OF INDIA] 19-05-2023 Election Law - Allegation of corrupt practice - As material facts regarding allegations of corrupt practice have not been pleaded, the election petition does not disclose any cause of action as far as the ground of corrupt practice is concerned. India Law Library Docid # 1603287