ive
THE BHARATIYA SAKSHYA ADHINIYAM, 2023
THE BHARATIYA NYAYA SANHITA, 2023
THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
User not Logged..
Latest Cases

(981) RAVIKUMAR DHANSUKHLAL MAHETA AND ANOTHER Vs. HIGH COURT OF GUJARAT AND OTHERS [SUPREME COURT OF INDIA] 28-04-2023
We do not appreciate the haste and hurry in which the State has approved and passed the promotion order dated 18.04.2023, when this Court was seized with the matter and a detailed order was passed while issuing the notice. It is to be noted that the selection was of the year 2022 and therefore there was no extraordinary urgency in passing the promotion order and that too when this Court was seized of the matter.
India Law Library Docid # 1603269

(982) KUNTAL GHOSH Vs. THE STATE OF WEST BENGAL [SUPREME COURT OF INDIA] 28-04-2023
Teachers recruitment - Direction to Acting Chief Justice of the High Court at Calcutta shall reassign the pending proceedings in the case to some other Judge of the Calcutta High Court - Judge to whom the proceedings are reassigned by the Acting Chief Justice would be at liberty to take up all applications which may be moved in that regard.
India Law Library Docid # 1603270

(983) DIGAMBAR Vs. THE STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 28-04-2023
Penal Code, 1860 (IPC) - Section 302 read with Section 34 - Murder of Sister and her Lover - Death penalty - - Whether case could be considered as one to be 'rarest of the rare' so as to award death penalty - Held, while considering as to whether the death sentence is to be inflicted or not, the Court will have to consider not only the grave nature of crime but also as to whether there was a possibility of reformation of a criminal - Medical evidence would further reveal that the appellants hav
India Law Library Docid # 1603117

(984) BOHATIE DEVI (DEAD) THROUGH LR Vs. THE STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 28-04-2023
Criminal Procedure Code, 1973 (CrPC) - Section 173(3) read with Section 158 - Power of Secretary (Home) to order for further investigation / reinvestigation - Where a superior officer of police has been appointed under Section 158, the report, shall be submitted through that officer, and he may, pending the orders of the Magistrate, direct the officer in charge of the police station to make further investigation - Section 173(3) read with Section 158 does not permit the Secretary (Home) to order
India Law Library Docid # 1603118

(985) T.D. VIVEK KUMAR AND ANOTHER Vs. RANBIR CHAUDHARY [SUPREME COURT OF INDIA] 28-04-2023
Suit for specific performance - Agreement to sell - I the second party fails to pay the balance amount within stipulated time, the advance will be forfeited and if the seller fail or refuse to execute the sale deed and other necessary document in favour of the purchaser/buyer or in the name of his nominees within the stipulated time, the seller will be responsible to pay double the amount given as an advance - Therefore, on failure on the part of the seller to execute the sale deed within the st
India Law Library Docid # 1603119

(986) UDAY PRATAP THAKUR AND ANOTHER Vs. THE STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 28-04-2023
Work Charged Establishment Revised Service Conditions (Repealing) Rules, 2013 - Rule 5(v) - Pension - There is always a difference and distinction between a regular employee appointed on a substantive post and a work charged employee working under work charged establishment - Work charged employees are not appointed on a substantive post - They are not appointed after due process of selection and as per the recruitment rules - Therefore, the services rendered as work charged cannot be counted fo
India Law Library Docid # 1603120

(987) MATHURA VRINDAVAN DEVELOPMENT AUTHORITY AND ANOTHER RAJESH SHARMA AND OTHERS [SUPREME COURT OF INDIA] 28-04-2023
Constitution of India, 1950 - Article 265 - Uttar Pradesh Urban Planning and Development Act, 1973 - Sections 15(2-A) and 41 - Completion Certificate - In exercise of powers under Section 41 of the Act, 1973, the State could not have issued the orders permitting/allowing the Development Authorities to levy the charges/fees other than provided under Section 15(2-A) of the Act, 1973. At this stage, it is required to be noted that the levy of fees/charges provided under Section 15(2-A), all of them
India Law Library Docid # 1603121

(988) STATE OF HIMACHAL PRADESH AND OTHERS Vs. M/S A.J. INFRASTRUCTURES PVT. LTD AND ANOTHER [SUPREME COURT OF INDIA] 28-04-2023
Civil Procedure Code, 1908 (CPC) - Section 151 - Recall of judgment and order - A recall application under section 151 of the CPC, therefore, was not the proper remedy in the circumstances - When the law provides a specific remedy, it is not open to a party to take recourse to section 151 - It preserves the inherent powers of the court to do justice in a case where the party has no other remedy under the CPC.
India Law Library Docid # 1603136

(989) SUNIL AND OTHERS Vs. HIGH COURT OF DELHI AND OTHERS ETC. [SUPREME COURT OF INDIA] 28-04-2023
Service Law - Seniority - Once on re-evaluation, the marks are increased the respective candidates whose marks are increased will have to be placed at appropriate place in the merit list - Non-grant of seniority based on revised marks, thus, would render the process of re-evaluation redundant.
India Law Library Docid # 1603137

(990) STATE THROUGH CENTRAL BUREAU OF INVESTIGATION Vs. HEMENDHRA REDDY AND ANOTHER. ETC. [SUPREME COURT OF INDIA] 28-04-2023
A. Criminal Procedure Code, 1973 (CrPC) - Section 173(8) - Further investigation - Powers of investigating agencies:

- Even after the final report is laid before the Magistrate and is accepted, it is permissible for the investigating agency to carry out further investigation in the case. In other words, there is no bar against conducting further investigation under Section 173(8) of the CrPC after the final report submitted under Section 173(2) of the CrPC has been accepted.
India Law Library Docid # 1603138

(991) M/S. ASIAN AVENUES PVT LTD. SRI SYED SHOUKAT HUSSAIN [SUPREME COURT OF INDIA] 28-04-2023
Specific Relief Act, 1963 - Section 31 - Arbitration and Conciliation Act, 1996 - Section 8 - Reference to arbitration - An action instituted under Section 31 of the Specific Relief Act, 1963 for the cancellation of an instrument is not an action in rem - In view of the applicability of the arbitration clause to the dispute subject matter of the suit - Trial Judge was justified in passing an order under Section 8 of the Arbitration Act by directing that the dispute be referred to the arbitration
India Law Library Docid # 1603139

(992) SMT. SASIKALA DEVI. P Vs. THE STATE OF KERALA AND ANOTHER [SUPREME COURT OF INDIA] 28-04-2023
Service Law - Promotion - Any promotion of a transferred employee from Assistant Grade-II to Assistant Grade-I will not entitle of any benefit of higher scale or even increment, which is applicable to the employees normally promoted for the reason that these special class of employees were already drawing salary of the higher post which in terms of the policy for inter-university transfer was protected, though they were placed at the bottom of the seniority at the entry level.
India Law Library Docid # 1603140

(993) THE BELGAUM URBAN DEVELOPMENT AUTHORITY Vs. DHRUVA AND ANOTHER [SUPREME COURT OF INDIA] 28-04-2023
Allotment of plot - Demand of additional price - There is no such clause in the allotment letter or the lease-cum-sale agreement signed between the parties - No additional price can be demanded - Even the clauses as contained in the lease-cum-sale agreement also does not come to the rescue of the Appellant for the reason that it talks about the negotiated price between the vendor and the vendee - The vendor in the case at hand is the Appellant and the vendee is the Respondent
India Law Library Docid # 1603141

(994) SHAKUNTALA Vs. STATE OF KARNATAKA AND OTHERS [SUPREME COURT OF INDIA] 28-04-2023
Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 - Section 4(1) - Order of annulment of illegal transfers of land - Delay and laches - If no limitation is prescribed in the statute, the party concerned ought to approach the competent Court or authority within reasonable time, beyond which no relief could be granted - Karnataka High Court and the authorities of the State of Karnataka erred in adopting a rather pedantic and hidebound approach in
India Law Library Docid # 1603142

(995) SANTOSH @ BHURE Vs. STATE (G.N.C.T.) OF DELHI [SUPREME COURT OF INDIA] 28-04-2023
Penal Code, 1860 (IPC) - Sections 302 read with 34 and 120-B - Murder - Acquittal - Mere presence of a dead body in an apartment is not enough to convict a tenant or owner of that apartment for murder, particularly when there is no admissible evidence to prove that around the plausible time of murder the accused was present there, or was last seen with the deceased, and had motive to finish off the deceased
India Law Library Docid # 1603145

(996) STATE OF MADHYA PRADESH Vs. PHOOLCHAND RATHORE [SUPREME COURT OF INDIA] 28-04-2023
Penal Code, 1860 (IPC) - Sections 302 and 201 - Murder of wife - Acquittal - Case based on circumstantial evidence - Absence of motive - No doubt absence of motive by itself may not be sufficient to dislodge the prosecution case if the other proven circumstances could form a chain so complete as to indicate that in all human probability it is the accused and no one else who committed the crime but, in a case based on circumstantial evidence, motive plays an important part - Because, not only it
India Law Library Docid # 1603146

(997) PRASANNA AND OTHERS Vs. MUDEGOWDA (D) BY LRS. [SUPREME COURT OF INDIA] 27-04-2023
The father of the appellants late Srinivas Shetty filed a suit for declaration of title and perpetual injunction as an indigent person in Misc. Petition No. 24 of 1984 which came to be dismissed by the Trial Court on 5.5.1984. A suit in O.S. No. 22 of 1986 was filed by the appellants herein seeking partition and separate possession against their father late Srinivas Shetty and the purchaser of suit schedule property,
India Law Library Docid # 1869486

(998) SHAHRUKH Vs. STATE OF M. P. [SUPREME COURT OF INDIA] 27-04-2023
The above appeal arises out of an order passed by the High Court of Madhya Pradesh at Indore, cancelling the regular bail granted to the appellant by the Sessions Court, Indore, in an application registered suo moto by the High Court under Sec. 439(2) of the Code of Criminal Procedure, 1973. The fact remains that the appellant was implicated in a criminal complaint registered on 21/1/2020 for alleged offences punishable under Sec. 9 read with Sec. 2(16)(c), 9, 27, 29, 51, 52 of Wild Life (Protec
India Law Library Docid # 1881013

(999) ANSAL THEATRES AND CLUBOTELS P. LTD Vs. STATE THROUGH CBI [SUPREME COURT OF INDIA] 27-04-2023
Criminal Procedure Code, 1973 (CrPC) - Section 452 - De-sealing/Release of theater (Uphaar) - Uphaar Fire Tragedy - 59 people died of asphyxiation after being trapped in the hall, while 103 were seriously injured in an ensuing stampede to escape - If the appellant makes an application within the meaning of Section 452 of the Cr.P.C. before the concerned trial Court for the de-sealing/release of the theater in question to it
India Law Library Docid # 1603272

(1000) RAJIV KUMAR JINDAL AND OTHERS Vs. BCI STAFF COLONY RESIDENTIAL WELFARE ASSOCIATION AND OTHERS [SUPREME COURT OF INDIA] 27-04-2023
Auction - Bank guarantee - Successful purchaser has to furnish a bank guarantee valid for a period of one year within 15 days of intimation regarding acceptance of the bid and the balance of the purchase consideration has to be paid in two instalments of 50% and 48% of the total selling price payable respectively before the end of 45 days and 90 days from the date of intimation of final acceptance of the bid is dispatched at his notified address which is the requirement in terms of clause (h) an
India Law Library Docid # 1603112